from this site (link from one of nan's)
http://www.sloperama.com/advice/faq61.htm
Remember-- Just because you might have a DEFENSE doesn't mean you can't get SUED.
that's the real essence of it. you can get sued for literally
anything, it just might be more easily defensible. when you're not making money for your hard work then getting sued means you've already lost.
i mean, sony or ms could sue us just for competing with them. but it would maybe be an easier (but still probably like 10,000usd for each stage of appeal) thing to defend against.