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To: David Lawrence who wrote (5931)6/18/1999 12:54:00 AM
From: Gary Korn  Read Replies (2) of 32908
 
Is there really any harm being done here? It seems to me that the spirit of Brad's earlier comments is being upheld

It doesn't seem to me that the spirit it being upheld at all. Rather, and maybe because I'm a lawyer and understand the meaning of written commitments, I view the Datek insertion as a blatant breach of contract.

That the download time is 5/100th of a second does not change the fact that the commitment not to place any "form of solicitation" has been breached.

That the color of the solicitation is unobtrusive does not change the fact that the commitment not to place any "form of solicitation" has been breached.

That only a few characters have been placed on an otherwise unused portion of a page does not change the fact that the commitment not to place any "form of solicitation" has been breached.

A commitment, indeed, a contract was made. I relied on that commitment. Indeed, I paid good money in return for that contract. That it is now convenient -- and lucrative -- for the people that now own SI to renege on their commitment does not make it any the less egregious.

Finally, if we who contracted with SI to obtain a solicitation-free investment forum don't object to this first violation, who knows what breaches (i.e., other sorts of solicitations) that we will be deemed to have waived in the future.

Gary Korn
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