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Microcap & Penny Stocks : Naked Shorting-Hedge Fund & Market Maker manipulation? -- Ignore unavailable to you. Want to Upgrade?

To: shortsinthesand who wrote (3506)	7/11/2008 9:03:37 AM
From: rrufff	Read Replies (1) \| Respond to of 5034

I haven't been following your issues, don't know who "Rebalgirl" is. Perhaps you should give us the details. In general, I haven't thought that any of the legal actions or threats that we so often see would ever get anywhere or were more than bluster. The only effective court action has been the decisions and transcript discovery in the Anthony case and some information that has flowed in other matters involving "paid bashing," such as hedge fund manager posting, CEO (WFMI) posting, etc. But the latter type matter is not the type of issue, I believe, that you raise and fall more into regulatory universe. We see claims from parties who are long, short, bashers, companies, promotion firms, self-styled "cyber-sleupps" and others. The common theme might be when someone is losing an argument, threaten to sue and see if you can get the discussion and debate to stop. Most often, the claims of victories in court are more procedural, technical, rather than susbstantive with dismissals being founded on lack of personal or subject matter jurisdiction, impossibility of service of process or similar techinical issue. What has surprised me though is the lack of follow through by the courts or parties against those who abuse process, maliciously prosecute, or otherwise use the courts for threats. I do believe this will change as frivolous threats multiply. It's easy to file a claim, yet nearly impossible to win an internet "speech" based claim. That should cause courts to go after those who abuse the system. Recent inroads, both judicial and legislative, in the "cyber bully" field are encouraging. With respect to the issues discussed on this board, although litigation is an interesting subject, courts are not the best places for policy to evolve. There is no substitute for effective and efficient regulation and comprehensive legislative framework to take our markets out of 19th century mentality, serving the moneyed interests, and into the 21st century, with auction technology and open information for all.