Is This Insider Trading?

[Jason Strasser (strassa2)]

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you are using material nonpublic information to make bets on the market. are you dumb, this is all so cut and dry insider trading.... you understand that the idea behind insider trading is that you abuse the system and take advantage of NONPUBLIC information.

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except 2 and 3 are not considered "material". 3 isn't even close.

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you are crazy to think that you are allowed to overhear information about earnings from someone who knows inside information and act on it.... im not a legal guy but i know that these rules are ultimately driven by intent and 2 is a clear situation of intent to cheat and I am pretty sure hearing something verbal constitutes material nonpublic information....

situation 3 is a little weird but imo this is clearly also cheating.