The fact that it's not actively enforced by the state doesn't matter.
It's basically the civil equivalent of an actively enforced law nobody can possibly comply with at all times that gives the cops the power to harass whoever they want whenever they want (e.g. the 55mph speed limit on I95 in the Boston area) except instead of empowering cops to harass people on flimsy pretext they're empowering plantiffs to harass companies on flimsy pretext.
Laws and precedents (in the case of civil litigation) that well meaning parties can't possibly comply with are bad.
It's basically the civil equivalent of an actively enforced law nobody can possibly comply with at all times that gives the cops the power to harass whoever they want whenever they want (e.g. the 55mph speed limit on I95 in the Boston area) except instead of empowering cops to harass people on flimsy pretext they're empowering plantiffs to harass companies on flimsy pretext.
Laws and precedents (in the case of civil litigation) that well meaning parties can't possibly comply with are bad.