<OT> Herschel, I have addressed your various points about use of capital and the share buyback program.
What I have also come to expect from you, unfortunately, is personal attacks that have nothing to do with the issue at hand. You consistently distort my positions, and question my motives. That is why I do not enjoy interacting with you. You are unable to resist personal attacks, and that is regrettable.
<<BTW, Did you cover your short position, Morgan?>>
<<Sometimes he hangs his token disclaimer out there: "BTW, I'm short now." And sometimes he doesn't. BUT! When he doesn't (and who can believe a message board "disclaimer" anyways), and I sense he's got motive in his posts, I'll call him on it simply because I'd rather have a balance here.>>
<<Despite claims that "you don't think you can influence the markets through message boards can you...", his posts probably suit his short-term position (long or short) at the time>>
I am not short NITE. I announced my buy of long positions on this board, the latest at 28 5/8, and just under 30. At no time did I use the board to “hype” my position short or long, or urge anyone to follow my trading, at no time have I used the board deceptively to enhance my trading profits.
To suggest otherwise, with no grounds for it, is despicable. Not only is there no truth to your allegations, but there is not a shred of evidence to hang your calumny on. However, you are free to speculate all you wish, this is a free country.
Now you accuse me of libel:
<<Morgan, there is something called libel and defamation and your quotes are a fine example. As you know, companies can subpoena a poster's ID from their ISP.>>
This of course is utter and errant nonsense. You should consult with an attorney who is familiar with defamation and libel laws. The laws differ somewhat from state to state, but all of them include these principles: a statement is not defamatory, if true. Further, a statement is not defamatory, even if not true, as long as it is an expression of opinion, and does not purport to state objective facts. If I make a statement, which I qualify as being my opinion, or springing from my belief, or my understanding, and I do not make false statements claiming firm and/or proprietary knowledge of facts, I cannot be held liable for defamation anywhere in this country. All the “fine examples” you included had such qualifiers and disclaimers. I have been very careful to make clear that these are my theories, suspicions, and personal opinions and speculation. Any series of statements would be taken in “the context of discourse”, which means that even if you located one statement that did not include a qualifier, it would fall under the “context of discourse” which has had many such qualifiers, which constitute a general disclaimer for the body of the discourse. Such discourse and opinion is protected under the law.
You question my motives, you cast aspersions and you attack me. That has been your way, as I have shown above. But this is a free country.
However, you are also reckless. And in your zeal, you crossed a line, a legal line. You were so anxious to attack me, that you concocted a false claim of libel. That in itself is defamatory. Read your statement. You did not qualify it as an opinion. You stated as fact, that I made libelous statements. This is defamatory, as it damages reputation, by accusing me of committing crimes (which BTW, I never accused NITE management of, even in speculation). I did not defame, and so I did not commit crimes. You cannot walk around and make unsubstantiated claims that people are criminals unless you have proof. Yet that is what you did. Your statement, as it stands, with no disclaimer, constitutes libel. This is actionable. You do not have at this point, the option of claiming protection of expression of opinion. You are welcome to check this with a qualified lawyer.
Well, live by the sword, die by the sword. You crossed a line you should not have crossed, and I've got you dead to rights. This is now a matter of public record.
Speculate and attack all you wish, but the moment you threaten me with alleged libel, be prepared to have a firm response. You will get more than you bargained for. It is my opinion that you have libeled me, and you owe me an apology, unless you can furnish legal proof of my alleged lawbreaking.
You should have never gone down this path. This board is designed for the free airing of opinion. Threats of libel, and accusations of legal misdeeds have no place here, unless you are prepared for the consequences.
Morgan
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