From your answers it either appears you do not know the real answer, and were simply bashing the BOD out of ignorance, or you are intentionally avoiding answering the question directly. So I'll give you my answer. There is no difference. ES could have driven the price of this stock down by simply unloading shares. He had NO ADVANTAGE by being able to short it. So including the shorting provision in the financing agreement was NOT anything the BOD did wrong. Which BTW did you know that not one person sitting on our BOD currently was sitting on the BOD when the original Swartz financing agreement was signed, which included the shorting provision. That makes your point about shorting and questioning BOD decisions even more inane.

But as teremoto likes to say, keep banging that drum.