The fuss is that deep-pockets guys like Blackboard can stifle competition by suing the little guys, whose small profits get wiped out by lawyer fees before a court finally throws out the claims.
In other words: the big guys don't have to win (their law suits) to win (wipe out or scare off the competition).
In other words: the big guys don't have to win (their law suits) to win (wipe out or scare off the competition).