yes, we just don't know whether any shares were bought back since Sep30. If they did, that may allow buying more back now even with the blackout period. Many have discussed buying back shares agressively and announcing it now as an effective way to combat shorts. Although buying in 2010 would be reported in 10K, what would prevent them from issuing a PR saying "until now we have bought back a total of ... shares... and are considering adding another ...$MM to the existing BB plan".