The jury selection process is not unlimited. I've been as far as to be in the jury box three times. Jury selection can take some time like a day or two with lots of questions from both sides. In two of them one side simply dismissed me while the third one I stayed. They get six dismissals each for no reason but after that if they want to dismiss a juror they have to explain the reason to the judge so it should even out for both sides. This was state court but I think federal court is the same.

As for arbitration I've was involved in one of those as well. Arbitration is private and is set up by both parties signing a voluntary contract. In my case it was about selling a franchise business where I had been an advisor on the sale and the franchise contract contained an arbitration clause. Both sides had to sign it or no sale. I was impressed because the arbitrator was a Superior Court judge and she had to follow the rules of arbitration set by the state. It may not be full court but there are still strict rules of evidence the arbitrator must decide on.

In something like a copyright case who would be required to sign a contract with an arbitration clause in it? Certainly not the person who thinks he's been ripped off. An artist could have that in a contract with a record company but that has nothing to do with the person who decides to sue you. And, just wanting to sue you doesn't mean he gets to do it. He has to first convince a judge he has a case and that's not easy and certainly not automatic. Court dockets are full.

Bob

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