[lacker]

That doesn't seem telling to me, because Smule is probably just listening to their lawyers. And their lawyers are probably advising them to just wait for court. That seems like the right strategy for Smule regardless of the facts of the case.

[mikeshreds]

What do you mean by "right strategy" in this sense? Doing a 3rd party review of Shred vs Smule code/methods will give them a trove of relevant information if they intend to win on the merits.

In my understanding, refusing it is only the "right strategy" if your intent is to not have the case go to trial.

[anseljh]

Try another point of view. If this review was done outside the case, then it would very likely have to be re-done later IN the case with expert witnesses who are disclosed to the other side through the formal discovery process. It's not crazy to want to avoid duplicating that cost. Also, they can challenge Shred's expert in court if they don't like who you pick.

And...I saw the court filings...you have a lawyer...stop talking to randos on HN for advice. :)

[lacker]

Exactly. Regardless of whether they are right or wrong, if their goal is just to win this case, it doesn't seem like it's in their best interests to have the case go to trial, if they think they'll win before a trial.