chuckS said
But my point was that it would still leave a publically recorded paper trail, and after the first instance, the public would be wise to the scheme.
The question about a "paper trail" is , So what?
If the assertion is that a corporation should only be concerned over the money it makes for it's shareholders , so what if there is a paper trail? There is nothing wrong in doing that, is there?
If there is nothing wrong ( and I think there is) with manipulating the price of a commodity that you have a monopoly in ( and DVD does have a monopoly on purchasing back DVC through it's ROFR) what does it matter if there is a paper trail?
When they are ready to resell to the general public, simply transfer the accumulated points into DVD who can then break them up as needed. If, as I proposed DVD absorbed as much of BCV+VWL as it could lay it's hands on, repackaged them as 2060-65 and resold them at say $130+ per point , but stayed out of the remaining resale market, would the BWV or HHI or Vero or DSSR resales increase in price? Still no perks, still much shorter end date. I seriously doubt they would. Then at some stage, 2,3,4 years later , when people had forgotten about the tactic, make up another set of shell companies to acquire BWV and go through the process again. IMHO there is no way the resale sellers at that time could work out what was going on (raise their prices) until after the event.
Now I will accept this is a long shot and not very likely, however the question I have is if the above scenario is unacceptable,questionable, immoral or illegal , just what is the difference between what I proposed and what is being done (lowering the value of resales) , Disney exercising it's ROFR on any points, then Disney reselling them with the perks ? It's just a question of magnitude, but it is basically, legally and morally, the same. My reading is that resales purchased from Disney would have the same perks as "first time sales" so I think my point is valid.
Any lawyers out there with views on insider trading, manipulating a "free market" in which you have a unilateral monopoly , fiduciary duty etc etc. I'd love an opinion on the legality of it , even if I'm certain of the morality ( or lack) of it.
I think that ROFR may be a real game changer in trying to use precedents set by other TS companies doing similar things in the past.