Silence is certainly not the effective way to keep investors informed, or happy, but I'm inclined to not link silence to outcome. The company has released bad news before so I fail to see why they wouldn't, if it were so, this time.
As far as the testing, you and I have talked about this and I still believe it's going to take longer than most opinions stated here. But this in no way should relieve Ley of his duty to all shareholders. Ley has a fiduciary duty to work in the best interest of all shareholder, (not just a chosen few,) and I believe part of this duty includes keeping all shareholders informed. Imo if he continues not keeping all shareholders informed it will be his undoing.
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