As Jules from Pulp Fiction said, "Well allow me to retort."
But Fly-dude is being dishonest with himself, his audience, or both, and I find it offensive and perverse. Inefficient allocation of capital has real costs to all of us - even innocents who are not market participants. Fly is baldly promoting allocation inefficiency in his own (and friend's) interests at the very real expense of society. I find it offensive, criminal, sinful - choose your word. And I will continue to speak out as I see fit.
I believe that you are fairly one-sided when you make your argument about efficiency. Let's say OSTK is a POS company; fine. But one cannot dispute the fact that running a stock in the ground has far more extreme negative consequences to a company than the extreme positive consequences from running its share price up inordinately high.
In other words, shortsellers get on a bandwagon and can cripple a stock which, in turn, can have devastating consequences for the company. Access to capital dries up, ratios get out of whack, capital then must be reallocated from marketing, R&D, etc. (i.e. profit-generating activities) to debt service, further pushing the likelyhood of profitability and solvency down. This is obviously cyclical, and more shorts jump in blindly for no other reason than trend-following.
From an ethical standpoint, shortselling should be eliminated.
Here's my analogy. If I believe your house is overvalued in the current real estate market, can I sell it, pocket the proceeds, and wait for a decline in market value? Of course not! YOU OWN IT. But humor my theoretical example for a second: Suppose this was legal and I happened to have some friends who were especially influential in your local real estate market. My buds might appraise comps at an artificially low valuation, inevitably and eventually driving down the value of your home. OK, now I "repurchase" or cover and I profit. Doesn't sound fair, does it? Of course not. And that's why it's not possible to short sell in any other asset class (that I am aware of) besides intangible financial instruments. Substitute your house with any other physical asset you happen to own and envision this occurring and you will see the absurdity of the concept.
Now, the analogy is not perfect but you get the point. Hedge funds and other shorts creat a domino effect that artificially drive prices down. Before someone responds with the "shortsellers add liquidity" argument, I have two responses: (1) other assets can be bought and sold in markets that are liquid that do not provide shorting ability and (2) stocks can fall without short-selling. This will happen as a natural course of action when buying dries up and selling pressure builds.
The ability to naked short sell has perplexed me since I learned what it was. This takes shorting to the extreme and is so ridiculous as to be self-evident. In the real estate example, how in the hell would I get away with "creating" imaginary houses to sell to unsuspecting buyers then buying-to-cover said houses in a declining overall market before the buyers even ask what the address of the property is (or ask to see the property? Remember someone out there already PAID for the house). Again, when you subsitute other asset classses that are tangible things, the absurdity of this proces jumps out and slaps you across the face.
We can agree that Cramer is an assclown. (Not sure how that entered the discussion.)
Because the deepcapture story links Cramer with shortselling the way I recall it.
I would agree that the COMPLETE SET of securities regulations and laws, including LISTING REQUIREMENTS, is seriously flawed.
You have a point there. As are the mechanics of naked short selling. Don't tell me that with the SEC, FINRA, the Federal Reserve, and a boatload of clearing regs that this process cannot be stopped systemically--as in not allowing these trades to transact in the first place. The problem from my perspective is the turn-the-cheek relationship of many of these hedgies with their prime brokers. In short, corruption and securities fraud. It's not right...but too many people are getting paid.
I've been following Fly's posts for a few years now. (You've been on ET how long???)
This relevant how..?