[Bush2000]

Never say never. 1,500 federal counts of mail fraud are hanging over his head if it's shown that SCO has no IP rights over Linux. Plus imagine the SEC investigation and stockholder suits when SCO goes belly-up if they lose this case. Well, they might survive losing their claims against IBM itself. But they probably wouldn't survive losing IBM's counterclaims or Red Hat's claims. And don't forget, if they lose IBM they pretty much automatically lose Red Hat.

I have two words for you: Corporate Shield. Memorize them. No prosecutor is going to try to prosecute SCO executives for asserting what they reasonably concluded were their intellectual property rights. It simply doesn't rise to the level of criminality.

[Dinsdale]

The key words being 'reasonably concluded'.

I don't think Darl was dumb enough to leave a paper trail. But I've been surprised in that respect before.

They are on the record telling investors one thing while they were telling a court another. Pump and dump is what SCO execs are going down for.

If you are the head of a public company you can't just make things up and expect to stay out of the SEC's sights.

[antiRepublicrat]

I have two words for you: Corporate Shield. Memorize them. No prosecutor is going to try to prosecute SCO executives for asserting what they reasonably concluded were their intellectual property rights.

Funny, SCO is suing Novell for the exact same thing: "asserting what they reasonably concluded were their intellectual property rights."

But to the criminal. Darl can be prosecuted if the investigation shows he had no reasonable evidence and personally spearheaded this whole thing knowing he had no evidence. You know, like evidence that Judge Kimball should have seen by now, and has apparently not.

As to corporate shield, that protects shareholders in their capacity as shareholders. And it can be broken. Darl would be prosecuted in his capacity as a director.