Kavir,
Your parsing leaves a little to be desired for my comprehension, but I think I understand you now, except to say that laches, if it comes into play at all, always works in favor of the infringer since without the concept of laches the rights would simply remain intact. It is specifically aimed at those who "sleep on their rights".
This relates very favorably to Medievia, in my opinion, because it has to do with all the mass of accumulated work that has been done there that people continually bring up but that Diku license supporters seem to dismiss. In essence, what laches says is that it is unfair for you to stand by and watch while someone puts in countless hours of labor into something and then ruin their work by enforcing your rights years and years later.
"It is generally allowed by a court when a defendant could reasonably have believed that the plaintiff was not going to exercise his or her legal rights and acted on that belief to his or her detriment."
It does not appear to me to be a concept that cuts both ways, though it can indeed be a fairly weak twig to hang your hat on legally.
|