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To: Dave who wrote (27363)1/28/2005 10:35:20 AM
From: Ausdauer  Read Replies (3) | Respond to of 60323
 
...opinion based upon their expertise and/or proprietary information network...

Is fabricated information about "low chip yields" professional expertise or just proprietary then?

Q: In other words, how can you tell if a sell-side analyst is lying?

A: His lips are moving.

Aus@thisjokeisproprietary.com



To: Dave who wrote (27363)1/28/2005 6:44:27 PM
From: Art Bechhoefer  Respond to of 60323
 
Dave, of course these comments by investment firms are labled as opinions, rather than investment recommendations. The reason is that it is difficult to prosecute people for expressing an "opinion" guaranteed under the first amendment.

However, if the so-called opinion is designed to help an investment firm make money, it is no longer an opinion but more like touting. The bottom line is whether the firm used the so-called opinion in its own self interest (which would entail acting contrary to the published opinion or recommendation). That's exactly what formed the case against several investment firms and analysts, prosecuted by the NY Attorney General under New York's Martin Act, which makes publication of false information about company prospects a criminal offense.

Art