>>The SEC has little patience for the type of puffery that is occuring at their expense and have been quite embarrassed by the recent event wherein the false bloomberg story was posted on a stock that moved up 33% on the open.
So, you're suggesting that the constitutional rights of all should be abridged due to the acts of a few?
>>The SEC will indeed decide that SI is a medium of investment advice and will eventually get around to suing SI to require the host to supervise the guests.
Yes, and they will next send monitors to cocktail parties, sporting events and all other venues where investments might be discussed.
>>If you say this is draconian and a violation of free speech; think again. In the interests of protecting the public, the only influence the agencies have is to go after the one's that facilitate their ability to defraud; namely the beneficiary of such actions.
If you're getting that advice from a lawyer, you're getting screwed, in my opinion. This is a country of laws, and the "agencies" must work within the framework of the laws.
>>As SI benefits from the registration fee and ad revenue, SI will be the target. SI will come to understand that the acceptance of the registration fee of $60 to $120 constitutes a contract.
Contract law is something that SI atorney's better start brushing up on, because in my individual case, their acceptance of my $60 is in effect a contract that obligates them, that's right obligates them to supervise each and every post that may damage my company.
That contract is not just for the right to post; but also is a contract that SI will (emphasis added) enforce its terms of usage to protect my company from false and misleading postings, and the intent to defraud or use by any means SI as a device to commit any act that may be found to be unlawful.
It says no such thing. It says that they may take action, that the decision to act is their's and their's alone, and that the enforcement of the Terms of Use is at their sole discretion. There is noting in the ToU that compels them to do a damn thing. It is you or your counsel that needs the brush up on contract law, not to mention the comprehension of plain English.
The DCHT thread has become the scourge of SI as posters going by the name of Francois Goelo, and Sid Turtlman have used it as a device to unlawfully slander both myself personally, and the intent to defame the company I represent.
Says you.
Calling for the company to terminate its association with my company is what is known as " interference with prospective advantage, and interference with contractual obligations". Message 8894558;
What are you talking about? How many times have you heard someone on a television show call for the removal of CEO or other officer? Happens all the time. Nobody gets sues, because the LAW give them the right to express public opinions, whether you or your barrister agree with them or not.
>>Tort violations continue although I have reported them repeatedly to SI Bob, who chooses to turn the other cheek, and in his word's, " I can't be expected to monitor the thousands of posts that occur each day, and it isn't my obligation to sort out the truth."
Ahhh. A voice of reason appears scene.
>>That statement will ensure my victory as we have a contract and it is indeed the obligation of SI to protect my contractuall obligations.
Don't count your eggs before they're chickened.
>>I already have the ammo I need to begin proceedings against SI, but what I don't have yet is a case that I can win in court.
That is the most rational thing you said in your entire diatribe.
>>Oh, and suspending my membership for calling Francois Goelo a little girl for the way he has acted while continuing to allow these tort violations is the only response I have gotten for my efforts to have SI act responsibly as the host. I can't wait to see the look on the face of the judge when he or she hears that one.
Fanncois is not a public figure. If you are an officer of a public company, you are a public figure and are subject to a higher degree of public criticism. If you can't stand the heat, get out of the kitchen. |
