Startups engage in all sorts of puffery, trying to project the appearance of success long before they have actual success. Fancy websites, fancy offices, sales and investment pitches that cherry pick stories, numbers, and milestones that give an enormously positive impression of what's generally a very bumpy reality.
I personally don't like that, but the game is the game. But it's very easy for that puffery to slide over into outright fraud when things get desperate. Which is why I'm so glad that the SEC is going after Theranos with great vigor. Hopefully these clowns will end up sharing a cell with Shkreli, giving every would-be startup CEO a clear example of what happens when they push it too far.
And it can even be fine when things are beyond the state of the art, as long as the CEO has the bravery to look reality in the face and either a) find another way, or b) say "sorry, startups are gambles, and this one's a busted flush".
And it's the liars and charlatans that really get to me. I figure it's at least 30% likely that I'll end up in jail because somebody says "blockchain" to me one too many times regarding some application which would be better off done with a MySQL database.
Of course, the benefit from the puffery might outweigh whatever legal risk exists. I’d call that a “calculated risk,” not “fine.”
If it's a significant factor in a buying decision, it's not immaterial. If it's not material, it's probably not worth lying about.
Yes there is. You're selling investors on capabilities you don't have, or at least intentionally misleading them about your abilities. Unless you're explicitly telling them that you WILL have "The best automated way to do X!" and are working hard on it, you're deceiving them.
If you can make the automated technology before I find out, well, maybe I won't sue you, but that sure doesn't make it right or acceptable.
> in actuality you have a horde of people doing the work
> There is nothing wrong with this
um in what universe does "technically legal in the US of A" equate to "nothing wrong with" ?
using legality as a shortcut for a moral compass is putting the cart before the horse at best, but very often argued out of laziness or pure self-interest at worst. it's a narrative that causes people to stop introspection and think about what is actually right or wrong, instead going for the much, much easier choice of what is legal and what is not. not easier because the legal system is simpler than ethics (it usually isn't), but easier because the choice is made for them.
and as your post demonstrates, once the choice is made, it's easy enough to conflate legality, lawfulness and judgement with morality, rightfulness and justice.
but once you poke at that distinction, the argument just falls apart.
there isn't "nothing wrong with this".
all you're really saying is that it's probably not illegal.
I have never heard of someone using "fake it until you make it," referring to Wizard of Oz or Concierge as William Pietri (gosu Lean practitioner) below has mentioned.
It is plain dishonesty.