this post was submitted on 10 Dec 2024
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Itch is by no means a small time player. Doing some very fast statistics off of the game price breakdowns available and the counts of games available vs. the number they rate as best sellers, if 20% of their best sellers make a sale each day and 7.5% of their non-best sellers make a sale each day, assuming an average price for the three pricing filters of (under $5, $2.5), ($5 to $15, $10), (over $15, $20), then Itch sells approximately $20k/day. Half a day is $10k. If those averages are actually much higher in their respective areas, as in just below the maximum then the daily total jumps to over $35k/day. There is wiggle room in my assumptions, but it is safe to say that Itch sees about $25k±7k/day.
As mentioned in other suits, there are nonmonetary damages as well which are harder to quantify without access to their analytics such as reputation damage, lost traffic, maintenance and repair from the forced outage at the domain level, etc. I could see a suit for $50k in actual damages and another $500k-$1M in punitive damages to send the message that this behavior is intolerable in general.
A law firm capable of handling such a suit would probably bill at a rate of $2000/hr, or more.
If your numbers are right, then they could afford to pay for 20 hours of work. That's probably not enough to even file the suit. Again, this assumes your numbers are right but even if they were 10x this it may still not make sense to file a suit.
Unfortunately, I don't think the math works out in their favor.
Except that most firms that charge $2000/hour take the fee from the settlement, not up front, when doing civil litigation. Really only criminal law is paid directly by the client, at least in the US.
Well let's say $30k, treble damages to $90k. So up to 45 hours of billable time before losing money. I don't know how much time a suit takes, but I'm pretty sure it's more than that. I don't know how likely it is for them to award legal fees, either.
Even if they work on contingency, they'd still have to be sure they'd win and turn a profit before they'd take the case.
That is where punitive damages come in. Most huge settlements are substantially punitive, which are damages awarded not on merit, but with the express intent of making the settlement hurt enough that the offender, and others in similar situations, think twice about taking similar actions.
Most humans are priced out of their dignity at even risking a $2000/hr expense.
Which loosing party will have to pay. Unless you want them to sue in baboon's jungle court of America.