[motdiem]

Without commenting on why Zenimax would launch such a lawsuit now and be public about it, I can't help but see Carmack's response as a potential intimidation move, e.g "You may win in court, but you will lose in the court of public opinion, and this will hurt your business more than losing this suit. Now think again about wether you really want to sue".

[jacquesm]

That would be an exceedingly dumb strategy because if such a link could be made then it would open up Carmack to yet another round of damages if the suit would be lost.

Blackmail is not a sound legal strategy if you have a lot to lose. If you're on your last dime and you don't own anything that can be seized you might try this route.

[darkarmani]

> That would be an exceedingly dumb strategy because if such a link could be made then it would open up Carmack to yet another round of damages if the suit would be lost.

How exactly? Plenty of people sue a company, lose the case, and still do a lot of damage to the company because of the distraction and public confidence. One example, is startups getting sued that are looking for another round of investment. They are definitely harmed even if they win the lawsuit. It cuts both ways. Sometimes a victory can be made to cost more than settling -- for either side. That's why people settle. If you can make the PR cost higher, the price to settle comes down.