First IANAL but I have studied business law. A corporation as a legal entity has the rights and responsibilities of an individual. Therefore a corporation can sue for defamation of character and other personal protections and is protected by the First Amendment. The Fifth Amendment does not apply to corporations as the people being called to testify are merely employees of the subject. Since you cannot jail a corporation, many States are now introducing and passing laws that hold the CEO personally responsible for the actions of the corporation they head.
The catch for SCO to use these protections, especially the litigation immunity clauses they are citing in the above quote is that they have to show that they have a copyright interest which means they have to identify the code.
Could be a good thing in the end.
Slashdot Mirror
First IANAL but I have studied business law. A corporation as a legal entity has the rights and responsibilities of an individual. Therefore a corporation can sue for defamation of character and other personal protections and is protected by the First Amendment. The Fifth Amendment does not apply to corporations as the people being called to testify are merely employees of the subject. Since you cannot jail a corporation, many States are now introducing and passing laws that hold the CEO personally responsible for the actions of the corporation they head. The catch for SCO to use these protections, especially the litigation immunity clauses they are citing in the above quote is that they have to show that they have a copyright interest which means they have to identify the code. Could be a good thing in the end.