Perhaps you should read the GetFugu agreement again (8k / Nov. 6th)
"Section 2. SpongeTech and R.M. each represent and warrant to GetFugu that neither such Party (a) has engaged in any short sales (as defined in Regulation SHO under the Securities Act) of GetFugu common stock, (b) holds any open short position in GetFugu common stock, or (c) will use any of the shares acquired pursuant to Section 4.1 below to cover any open short position.
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