The first wouldn't happen, if there's been a thread within the bumping period (where they can post without getting in trouble) then it would be the multiple threads rule. If that's not the case the moderator wouldn't do anything.
And honestly if the thread is that old then people shouldn't start flaming the thread starter, if they do then that might be a problem I suppose but that's one of those cases where the thread is shut but the thread starter is encouraged to start a new thread and the people who flamed are informed that they will be dealt with severely if they do it again.
Catzsy > Yes but technically they could be "making a point" by the word of the law if not in the spirit.