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Case law, also known as judicial decisions made in courtrooms by individual non-technical judges that then become legal precedent followed by all other judges, is a huge thing. If you look back to the founding of the EFF Electronic Frontier Foundation, it's genesis was the realization that an enormous amount of technology-privacy-critical legal precedent was being set in remote courtrooms where poorly equipped attorneys on both sides were arguing in front of uninformed judges who would then set precedent for the entire country.

Most areas of law have enormous amounts of case law precedent. Privacy (originally) and the AGPL (today) are areas where the lack of any prior case law makes the legal risks (as in legal uncertainties) somewhere between much higher and effectively infinite. That isn't the case with most other areas where case law precedent results in far more conventionally bounded risks/uncertainties.



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