Mark told me during the shareholders' meeting cock
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Also, in retrospect, it appears that all along they'd never really developed a Plan B. They knew, at the time, that they hadn't been able to be profitable in over 10 years and litigation must have been their Hail Mary pass.
They still haven't developed any workable alternative plan to winning in court. They just flounder from one mediocre idea to the next, all the while being underwritten by shareholders via dilution. I'm not sure this whole thing has been criminal but it certainly has been shameful.