Why would he needlessly open himself and the company up to legal action by lying.

EZ....as I've stated before...I've been advised by capable legal counsel here on the Agoracom board that Fung is in no way open to legal action as a result of the carefully parsed words that have passed across his lips. Perhaps "lying" is the incorrect word. I believe Fung is following a path that he believes to the depth of his soul will be of most benefit to shareholders based upon the information available to him. This does not preclude the possibility that circumstances beyond his control might derail his plans.

Don't get me wrong. I don't think Fung is lying to us or I would have sold. I DO think we should expect clarification of our circumstance in the context of Fung's previous statements and our present financial situation in the upcoming quarterly report (or sooner). Fung made a ballsy decision NOT to file for arbitration 9 months ago with cash burn more than a passing concern. You have to admit....this ball game has gone down to the wire....bottom of the ninth....three balls two strikes...bases loaded....KRY down 3-0...and Fung is up at bat. We need a home run...and Fung is obviously aiming for the bleachers and no longer sitting in them.