Public Awareness through Private Law Remedies: The Struggle for Information in the Samsung/Apple Case

Abstract:

Compelling a party to disseminate judicial orders through her Homepage implies a relevant discretionary power. The work discusses the extension of such a judicial power, pointing out some questions and raising some concerns.

What is the real function of such prominent advertising? Is it possible to repair a damage beared by a private plaintiff by restablishing a correct information of the public at large? Can injunctive reliefs transcend the immediate interests of the litigants in order to further social objectives? This paper does not provide definitive answers, rather it is a starting point for a discussion.

The survey recalls other questions like: the increasing use of moral arguments in Courts' reasoning in order to prevent violations or breach of duties, public information and commercial certainty as legal goals, the controversial shaming effect of the remedy at issue and the threats to personality rights and freedom of expression.