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| Authored by: Anonymous on Monday, June 17 2013 @ 04:12 PM EDT |
I wouldn't go that far simply because we don't know the inside details of what
Cahn has been told or the way he views the situation.
A possible scenario. I seem to remember something about SCO2 receiving a
monetary infusion with the stipulation that they would agree to continue their
litigation against IBM. Didn't that agreement take place under Cahn's watch?
IF that's the case, then Cahn is probably obligated contractually to fulfil his
side of the agreement or SCO2 would be liable to repayment (I would assume, and
we all know that SCO2 is broke, broke, broke).
Then there was the threat that Darl made of suing Cahn over something (I don't
remember the specifics), but I don't doubt that there is a consortium of
invested interest in the litigation (hint, hint... NOT just Darl). Cahn could
be continuing the litigation in the best way he knows how just to keep from
being beat up by a mob of angry, suit-wearing gangsters on a pay-roll.
On the side of honour... IANAL, but I believe that to be sanctioned for
bringing fraudulent claims to court, there would need to be proof of knowledge
that the suit is frivolous in nature. That can be sticky because it's almost
impossible to prove what is going on in someone else's head without some type of
physical representation.
Do I personally think that Darl and friends knew what they were bringing to the
court was frivolous? Yes, but only because of things like his communications to
the press compared to what he actually presented to the courts. And who can
forget those letters to Novell, begging for the UNIX copyrights while claiming
to the courts that he owned the copyrights at the same time? THAT'S called
getting caught! :)
The scenario here is different, though. Darl and his mobsters are out of the
immediate picture (and good riddance). All that is left is the litigation
(claims which have no reasonable evidence thus far), free lawyers, and a
probable contractual obligation to continue the litigation (and supposedly
"new evidence" on the horizon).
While I'm not saying that it's not possible for Cahn to be intentionally headed
into frivolous litigation (he is just as human as the rest of us), it's just not
likely. This is a retired judge, after all (http://www.fedarb.com/cahn.asp).
People don't generally dedicate their lives to something that they strongly
believe in only to turn around and defile it (not without some seriously frayed
mental fabric, anwyay). To that extent, I respect his decisions. It is the
logic and fact-base on which his decisions rely that I wonder about. We'll see
how that goes.
I don't see any hope for SCO2, so this "new evidence" to be presented
to the court had better be something spectacular. If it's just another bogus
claim that can be debunked (like everything else so far), they're finished.
Perhaps THEN, the question of "what was he thinking" can justifiably
come into play. Even then, I'd be wondering more about the contractual
agreement and who were the people behind the investments (puppet masters).
While SCO2s lawyers are already on the hook for the legal representation, it
would only seem logical for Cahn to use the tools at his disposal in order to
fulfil his obligations.
Not saying it's right, moral or even legal. I'm just sayin'. :)
Disclaimer: IANAL, and this post contains a LOT of speculation based on fuzzy
memory.
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