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Wednesday, May 13, 2009 11:17:37 PM
Pay particular attention to the sentence that begins with 'People shouldn't have to...'
Although it was declared in one sentence in the beginning of the company, the fact of non-ownership was not clear in subsequent posts. Nobody is going to read every line of every legal declaration since the beginning of the company. Who does that?
If I invested in Microsoft today, for example, would you expect me to read every single line of every single long-form filing since 1981 (or whenever the heck the company started) with the intention of finding a line that may or may not read the company really doesn't own anything? Who has that kind of time?
I think the term here is 'reasonable research'. Most people who do reasonable research would not find that single line. We found it because somebody took a LONG TIME to go thru all this stuff. We aren't lawyers. We are common investors.
Although in court the company could say "Well, we declared the fact we didn't own anything", a VERY valid argument could say "More like you hid it in ONE OBSCURE place in a sea of filings"
. The point here is 'intention to mislead'.
It is clear to me the company had the INTENT of not making clear the company doesn't own anything. Of course that would have to be interpreted by laws.
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