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To: Sir Francis Drake who wrote (3502)	8/12/1999 6:22:00 PM
From: S. M. SAIFEE	Read Replies (1) \| Respond to of 10027

Morgan and Herschel...Let us not discuss buy back issue.. Market has discounted that already.. Also no personal attacks... I am glad Morgan went long at 28 5/8.. and that should be rewarding in short and long term.

To: Sir Francis Drake who wrote (3502)	8/13/1999 1:36:00 AM
From: Herschel Rubin	Read Replies (1) \| Respond to of 10027

OT: DON'T READ UNLESS THE HERSCHEL vs. MORGAN DEBATE ON ALLEGED DEFAMATORY REMARKS AGAINST NITE MANAGEMENT IS OF INTEREST TO YOU. To the thread: Pardon me for adding another post on this issue, but I feel it is of utmost importance that the threadleader of this board, Morgan, is held accountable for such errant behavior as he displayed Wed night. This is my last word on the subject. O.K. Morgan: <<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.>> ----Personal Attacks: I may dispute your opinions with debate --which is NOT a personal attack. I may call attention to your style of delivery that I think (IMO) is inappropriate, reckless, and defamatory - which is NOT a personal attack. ----You, on the other hand, have some reading to do... As you're reading the following statements of yours, you might ponder why you choose to invoke the "personal attacks" sympathy card so often against me when you've committed far more egregious personal attacks in your own statements (can you say "hypocracy"?): ___________________________________________________________ techstocks.com ---"I think NITE management are scumbags, that is just my opinion. My suspicion is that this whole buyback cancelling was purposefully not advertised, in order to line the pockets of the insiders." ---"... But I also do not hesitate to call a spade a spade. In MY OPINION, NITE management is SCUM." ---"Do you know how many people lost huge amounts of money? All so Pasternak and gang could grab a few extra bucks." ___________________________________________________________ If you levy such substantial personal attacks as you do, it is perplexing why you want to castigate them at the same time. Now you are probably going to say my use of the word "hypocracy" is a personal attack? Even though I have just proven it to be the correct adjective for your behavior. -----LIBEL & DEFAMATION: A simple retraction would be a much more efficient use of your time than typing out a long-winded "Johnnie Cochran" to sidestep my allegation that you were wholly out of line in making those comments. And, yes, your malicious comments constitute defamation and libel according to legal definitions: Definition >>> DEFAME - "To attack the good name or reputation of, as by uttering or publishing maliciously or falsely, anything injurious; slander or libel." Definition >>> DEFAMATION - "The act of defaming; false or unjustified injury ot the good reputation of another as by slander or libel." Definition >>> LIBEL - "Anything that is defamatory or that maliciously or damagingly represents; defamation by written or printed words." Your claims of legitimacy of using "this is my opinion" disclaimers are incorrect. Such disclaimers are routinely thrown out of the courts and you should know that. Courts invariably rule that the mere act of publishing your thoughts IS IMPLICITLY stating your opinion, so such disclaimers are redundant. The essence of Defamation and Libel litigation is INTENT to malign throught words (and yes, even if you have defamed based on incorrect information, but are found to be substantially negligent in your basis, courts still hold you are guilty of defamation). I realize I probably won't see a retraction from you. But from your attempt to distort the situation such that I AM THE ONE WHO IS GUILTY OF LIBEL and DEFAMATION, I realized that you probably do regret having said those words. Anyhow, it was a nice twist or "distortion" on your part (to use another one of your choice words that you hurl in my direction. As you know, there have been several articles where message board posters have had their ID's subpoenaed from their ISP and corporations have successfully pressed charges for posting sentences similar to the three you posted above. I would be a little more responsible in the future. ----Phony Sympathy - In those rantings against NITE management, Morgan posed as the champion of the common shareholder whose long NITE positions have been "gutted" by margin calls, but at other times has boasted about how he has succesfully "scalped" numerous points through shorting and has made more on his short positions than his long positions (then comes that calculated sigh, "Oh I wish it weren't so..."). The reality is if any shorters are successfully taking money out of NITE's share price by shorting, they ARE part of the cruelty being inflicted upon heavily margined longs and it is very disingenuous to feign sympathy for those suffering long-term investors after having skimmed money out of NITE's share appreciation via short positions and having recommended that "shorting is the only way to go right now, short the technical bounce, etc." Note that I DON'T HAVE ANYTHING AGAINST SHORTS AND HAVE SHORTED NUMEROUS TIMES, BUT NOT NITE. Shorts are a necessary part of the trading ecosystem. This is my last post on the issue of defamation and libel. As before, you may have the last word. I hope your last word on this subject will be a mature retraction regarding DEFAMATION of CEO Pasternak and NITE management and then we resume the business of chatting about what we truly enjoy: the markets.