ib12u: That's all 'forward-looking'...
and therefore covered by the 'safe harbor' statement. None of it is fact. For example, what does the statement that the new S-GEN will be 'unveiled' after the first of the year mean. I think it means that sometime in 2009, Seamless will show off a new version of the product -- probably a new prototype. (Of course, that ignores the fact that August 28, 2011 is 'after the first of the year.')
A fact would be something like:
- Seamless has signed a license extension with Microsoft to allow the sale of Windows Mobile past the expiration of the current agreement (May 31, 2009)
- Seamless has signed a license agreement with Microsoft to allow the sale of Office Mobile (which SMWF has announced would be available on the S-GEN but doesn't currently have a license to sell according to their SEC filings)
- The S-GEN has been approved for sale in the US by the FCC (with the license number provided)
- The S-GEN has been approved for sale in the EU (similar number provided)
- Seamless has arranged for warranty service to be provided by ABC Corp (8K filing indicating the financial commitment taken on by Seamless)
- Seamless has reached an agreement with XYZ cellphone carrier to support the S-GEN (again, an 8K filing would be expected)
- Production of the S-GEN has begun at some facility in Taiwan
- The first 1000 S-GENs have been shipped to some retailer
The recording you reference -- “mp SMWF 002” was recorded at the end of 2007, about 9 months ago. He talks about the SKY-FI business which is gone, and refers to the S-XGEN. And he discusses the company's 'upcoming' attendance at CES 2008.
The funniest part is that the whole interview is just a cut-and-paste job. They took an old interview that Al did, and then pasted in the 'interviewer's' comments.