Interesting law.  What this implies to me is that if you are a
big company sees great profitability in something a small company has -
go for it.  If the profitability (i.e., potential damage) is great
enough the small company won't be able to afford the bond to go after
you.

Thanx,
    Jon Backus



-----Original Message-----
From: HP-3000 Systems Discussion [mailto:[log in to unmask]] On
Behalf Of Matthew Perdue
Sent: Wednesday, June 18, 2003 4:02 AM
To: [log in to unmask]
Subject: Re: [HP3000-L] OT: RE: SCO revokes IBM's AIX license

Texas law requires the posting of a bond by the party seeking the
restraining order in the amount of anticipated damages that could be
suffered by the party being restrained. In this case it could be a bond
of tens of Billions (yes, with a B) and something SCO cannot afford.
Other state's laws and Federal law have about the same requirements, if
memory serves. Highly unlikely SCO will get a restraining order (bond
requirement) or permanent injunction as SCO would have to demonstrate
the ability to pay IBM for any damages suffered if SCO does not prevail
at trial.

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