[navigatesol]

>why the losing party does not have to pay legal fees?

Google harms me in some way. I sue them. They throw an army of lawyers at the case. It takes years. Google wins, case dismissed. I should be on the hook for their legal fees?

Believe it or not, the last thing we want is to discourage people from thinking they have the ability to sue people who harm them. And suing for legal fees is also common practice.

Patent trolls are a problem with the law, not the legal system. They are also entitled to sue people violating their patents.

[dragonwriter]

> Google harms me in some way. I sue them. They throw an army of lawyers at the case. It takes years. Google wins, case dismissed. I should be on the hook for their legal fees?

That's a separate issue from whether the loser pays: even with automatic loser pays (or in the situations where the loser pays even in the American system) limitations to “reasonable” costs (or actual specific legislated caps) are possible.