The words I actually used were: This is a legal nicety evidently, but the penalty enforced by federal courts for overreaching copyright claims is forfeiture in the instance.
It appears I ought have elaborated, but I thought "in the instance" would have made it clear that the forfeiture meant for any actual copyrights involved regarding the accusation in that specific case.
As said in the article IANAL, and all I really know is what I've read here and there and what is in the memorandum, but it does look to me that the courts will in fact will decline to enforce any legitimate copyright claims if the claimant has attempted to egregiously overreach beyond whatever rightful claims he may have had. And that, according to IBM is exactly what SCO has done against IBM (and by many of the arguments to Linux users generally) even if they would have otherwise had some valid claim.
-- TWZ