I'm just saying that short sellers use tactics that are just as bad as what Byrne used here (I don't condone making a fake facebook profile, pretexting, etc).
But the fact is that in the Fairfax case, they engaged in a pretty complicated campaign aimed at driving down the stock. One of the method was to feed stories to journalists who specialize in "financial fraud".
Overstock already received $5M of settlement from Rocker Partners: "Overstock.com (OSTK) this afternoon said that Rocker Partners, an investment firm now known as Cooper River Partners, will pay the company $5 million to settle long-standing litigation alleging that Rocker and others engaged in “libel, intentional interference with prospective economic advantage and violations of California’s unfair business practices act."