And there is nothing preventing them from continuing their story.
I'm not defending P&F (you know me better than that) but this is the sticking point that a lot of the P&F fans are getting stuck on, and it stems from that settlement proposal where Stardock proposed P&F couldn't develop another Starcon-like game within 5 years of SCO.
I know that develop in software development terms means something different from what laypeople think, and it really meant they couldn't release one (but could certainly work on it) but that's not how it reads to the ordinary person, and it's not how P&F are happily portraying to people as being your stance.
And that is why posting, without context, without any background, one of the many proposals sent back and forth was so dishonorable. What's worse, because of that stunt, the judge ordered no more public postings regarding confidential settlement discussions. So we couldn't even post the myriad of other proposals in response to their cherry picked one or some of the outrageous things they've claimed.
So instead, let me walk you through a more generic view on how these things go "in real life".
You have a series of sliders that together form value X.
If I gore your ox, how do I make restitution to you? I can pay you money. I can give you something of like value. I can give you my time.
So you start going back and forth on those sliders. What if I have no assets of value? Then your slider is mostly going to be money and time.
Now, in this process you and I would probably negotiate (as opposed to short-circuiting everything and posting it to the Internet and then ask fans to pay the legal bills).
Maybe instead of giving you 5 years I negotiate it down to 3 years or 4 years or 2 years or whatever.
In this case the question is, how long would it take someone to make a game like this? It's taken us 5 years. Maybe someone else could do it in 4 or 3. I doubt less than 3 even if you used Unity.
So I'd negotiate with you for 3 years time because of said ox goring knowing that it's going to take me 3 years anyway to finish my game. The 3 years are up and voila, I have my game and ready to go into high gear.
And mind you, that's just one of many possibilities. If there wasn't a court order in place, I could walk you through several other iterations that, depending on your point of view, would sound horrendous or generous depending on whether you value money, assets or time more.
Now that Paul and Fred are asking for fans to give them $2 million so that they can promote their game as the sequel to Star Control (because don't lose sight on what the actual suit is, none of this would have happened if they didn't insist they have some divine right to promote their new game as the true sequel to Star Control even though they have never had any rights whatsoever to the trademark).
Here's one more thing to consider: Would you say Paul and Fred have created an environment where the parties might amicably come together and work something out? OR... have they say, hired a PR firm to call us liars and thieves and compared us (literally) with evil space aliens and google bombed my search results out of sheer malice? And now they want someone else to pay for it.