Drinks Americas Holdings, Ltd. (DKAM)

[Toxic Avenger]

OK, OK, I think THAT logic confessed.
I think what has you confused is that the company must file an 8K for any material information it possesses, thus making it public.
Here's something from the SEC form that might help - "A report on this form is required to be filed or furnished, as applicable, upon the occurrence of any one or more of the events specified in the items in Sections 1 - 6 and 9 of this form." http://www.sec.gov/about/forms/form8-k.pdf

Sorry, but information becomes "public" when it's announced in a "public" place, whether that's by the company, or anyone else. And if it rises to the SEC's definition of "material" as specified in the 8K form, it has to be released "within four business days after occurrence of the event."