Who do the lawyers bill though, SCO? SCO is bankrupt, and clearly Novell is a much higher priority creditor than they would be. So they only get paid if they win. If they can't win, they're just throwing money down the toilet. No matter how unethical SCO's trustees might be, they're not morons.

Likewise, the incentive for other stakeholders to sue the trustees for not pursuing income needs to be balanced against the fact that they're suing an entity that's, y'know, bankrupt and unable to pay any judgement.