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Strategies & Market Trends : Roger's 1997 Short Picks

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To: Larry Ricker who wrote (5394)9/17/1997 4:11:00 PM
From: Roger A. Babb   of 9285
 
To ALL, regarding prst lawsuit.

I have always had the position that shorts should be careful and polite in their posts. We must adhere to a different standard than long investors for the following reasons:

1. You are subject to libel if you say anything negative about a stock that you can not prove in a court of law. There are established precedents for legal action.

2. Adding "in my opinion" to a statement will not protect you.

3. You could be prosecuted by the company for being rude to a long as that could damage the stock price.

4. It is unlikely that you could successfully prosecute a long investor for being rude to you, thus you can not "reply in kind".

5. It is NOT illegal to post lies or hype which FAVOR the company unless you are an insider.

Perhaps the shorts should just become lurkers. You could be sued for a statement as simple as "I think QQQQ is over valued and is a good short". You probably would not lose the suit, but it is very costly to defend.

We should all think about this every time we make a "short" post.
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