I am wondering what is happening over at Red Bull these days. They are a very serious promoter of a break away from FOM. Dietrich Mateschitz has publicly said that he thought the teams should own the commercial side of F1.
On the other side he has a contract with FIA/FOM much as Williams and FIF1 have. The difference is, that he has so much money he can disregard any threat to cut his banking support. So he will simply pay the legal and financial bill whatever happens similiarly to Ferrari. It is also worth noticing that the FIA may not unconditionally support FOM.
Another aspect is Red Bulls status as a privat team. They apparently are not party to the infamous manufacturer five who are rumored to have agreed on a punative damage pact over unconditional entries to the 2010 championship.
A break away does not make an awefull lot of sense for 2010 when half the existing teams are contractually bound to the FOM. It makes tremendous sense for 2013. In three years it is possible to lay the ground work for all the challenges that needs adressing. Apart from the legal side financial and cartel issues are possible show stoppers. Right now the financial muscle is with CVC. THey are not far away from their business plan. When the consequences of the credit crunch and the collapsing of revenues starts to hit FOM the leverage aspect will devalue their investment a great deal.
So one clever option could be to wait for FOM to get into trouble and CVC to look for an exit from an investment which isn't usefull any more. In the mean time it could also be helpfull to have the FIA on one's side for such a case to happen.
I would not be very surprised if some scheme like that would turn a break away into a take over scenario in some years time. The Bernie will not live forever.