Herb Fires Back at Byrne - Sort Of
(SECOND NOTE: I've gotten a few angry emails, and I want to apologize. I meant no disrespect, it was supposed to be funny. I have nothing against honest invertebrates, and didn't mean to denigrate the Annelida phylum. I also understand that worms don't technically possess lips, and thus my comment was inaccurate. I hope that this clears the air, and again, shall keep my comments vis a vis anything remotely labile or Lumbricidae-centric to a minimum. Thank you for your patience.)
Now it is getting interesting. Herb just fired back at Dr. Byrne over the affidavits that are part of the OSTK lawsuit. I'm tired, so very tired, so instead of going into a long exploration of all the nuance of Herb's retort, and without wanting to get into trouble by copying it here, I'll offer the Reader's Digest version of the response:
1) The claims that Harris worked at Gradient in the Fall of 2004 are true. So data point number one to test the affidavits for truthfulness came back a strong positive. He did work there, while working for Thestreet.com, and further did share editorial credits with Herb at StreetInsights, the subscription site published by TSCM for short sellers and other interested speculators.
2) There is a longwinded explanation as to why it is all innocent, and Herb and Harris and Rocker are all being persecuted as part of a delusional conspiracy theory cult involvement.
That's about it, along with some expected name calling and catty snipes. There is a convoluted timeline attempt wherein Herb claims that even though Harris did work for TSCM at the time that he was working for Gradient and at the time that Herb was commencing his bashes of OSTK, and further about the time that OSTK was being treated to Gradient's renewed attentions, that it is all a big mistake, and that he essentially doesn't have any idea about any of that, and that it all just HAPPENS to look ugly and bad, made so by ugly and bad people with ugly bad little minds.
As I mentioned in the very recent commentary on the OSTK suit, we should keep an open mind, and require that the affidavits be tested for truthfulness by collecting data. Our first data point has now come back affirmative, and we now know that Harris did work for Gradient at the time the affidavits claim, and did work at TSCM as the affidavits claim. The rest is he said, she said, with a lengthy rationalization as to why you can't believe the affidavits. It will be another good data point if Gradient did pay someone in Seattle for office space/expenses, as that would again corroborate the affidavits. No doubt that will come out in discovery.
But on the first test, we have the truthfullness of the facts confirmed by Herb, but with a disclaimer that it isn't what it seems.
Sort of predicted.