My Take on Mark Cuban's Latest Venture

In case you haven't heard, billionaire entrepreneur and owner of the Dallas Mavericks, Mark Cuban, has caused quite the commotion by announcing his latest venture, ShareSleuth.com. The site, which will debut next month, will be a blog-style investigative reporting site that will focus on exposing corporate fraud. The site will be edited by Christopher Carey, a long time business reporter who recently quit his job at my hometown paper, the St. Louis Post-Dispatch.

Sounds pretty cool, right? Well, all was well and good until Cuban disclosed that not only does he plan on investing in the site, but he also will be taking investment positions based on what the investigations uncover. He plans on disclosing all of his investments, but will make the trades after the research has been done and before the site publishes its findings.

Given the controversial nature of most of what Cuban says and does, it's not that surprising that many are outraged at this idea. However, let's calm down and analyze exactly what is going on here. Then we can decide if what Cuban plans to do is illegal (it's not) or perhaps unethical.

This company is going to investigate individual companies and the people behind them. If something fishy is uncovered, Cuban might make trades based on this information (presumably by shorting common stocks). Then the research will be published on ShareSleuth.com and any positions Cuban has will be fully and properly disclosed.

Now some might be up in arms that Cuban will be in a position to short a company's shares prior to his editor publishing the negative research to the public. Let's think about this for a second. How is what Cuban plans to do any different than a hedge fund, pension fund, or mutual fund manager coming on CNBC and talking about what stocks he or she likes. The manager has previously conducted in-depth research, come to a conclusion, traded the stock, and come on the air to explain and disclose the position.

I really don't see how ShareSleuth.com will be any different than someone from Goldman Sachs recommending a stock on CNBC. In fact, investors should be happy that there will be a new place to find negative research on public companies. Most of the time everybody is telling you what investments to buy because they are in the business of selling investments.

An iPod from Microsoft?

Evidently Microsoft (MSFT) is developing a digital music device and download service to compete with the iPod and iTunes from Apple (AAPL). Headlines like these show that Microsoft is feeling the heat and believes it must reinvent itself. I would agree completely with that assessment, but I also disagree with their apparent strategy.

Merely copying successful products that have already attracted scores of competition is not going to reinvigorate growth at Microsoft. They need to play offense, and by that I mean, develop new technologies and products. They should aim to be first to market, and force others to play defense by copying them.

Adding another video game system to the market is not very innovative. Adding another mp3 player to the market is not innovative. Ditto for a music download service. The companies that are taking aim at them today aren't doing so by copying. They are doing so by innovating. Google changed the online advertising market, has the best product out there, and now dominates.

Google's beta of a new, free, online spreadsheet program isn't merely an imitation of Excel. You can see where Google is going with this. Low end computers nowadays can cost as little as $300 with a monitor included. However, if you want to put a copy of Microsoft Office on your new home machine in order to do work on weekends, the software package could easily double your system's cost to $600.

Large corporations have big pockets, so they will likely continue to equip all new systems with the full version of Office. Consumers though, hate paying hundreds of dollars for software that is oftentimes essential to do anything productive on their computer. Microsoft may have a monopoly on desktop software, but their dominance has nowhere to go but down the drain as other companies innovate. An online spreadsheet program complete with free storage space on Google's own servers could ultimately dent Microsoft's Office business, though it will take time.

Selling video game consoles and imitation iPods might make up for some of the business Microsoft will undoubtedly lose to companies such as Google, but the margins will be so much lower that it will never completely make up for it. Right now Microsoft gets nearly all of their operating income from Windows and Office. Those businesses are under attack, but do you really think the way to reinvent the largest software company on the planet is to go after the iPod?

Getting the Froth Out

Over the last year or so the markets have done well despite the rally being very narrowly focused. Consider what was working up until May. International, energy, gold, copper, industrials. The investment banks did great too as M&A activity hit record levels. What about other areas? Healthcare, technology, telecom, media, banks, retail. Not a lot of performance in those areas, even though they make up a huge portion of the U.S. market.

The result of such a narrow market was that everybody began chasing what was working and shunning everything else. The copper move from $3 to $4 a pound was probably solely due to hedge funds piling in. The moves were parabolic, especially in commodities and international stocks. Finally we have reached a point where people are getting nervous, nervous enough to reduce risk. This is leading to extreme selling in the areas that have done best. Basically, we are getting the froth out of the market.

It is this explanation, and not anything fundamentally wrong with the companies, that is causing the massive sell-off. Goldman Sachs (GS) reported a great quarter this morning. The stock is down 6 points. GS is still doing well. In fact, they advised on the Maverick Tube (MVK) buyout announced this morning. The market action has been violent, but prices are getting a little out of whack with reality at these levels, unless the world really is headed for horrible times. Not impossible, but it's tough to make that case at this point.

Uptrend Intact, For Now

If you look at the last month or so, you might want to quit the market entirely. However, it's always a good idea to put things in perspective. An easy way to do that is to take a longer term view and see where we've come from in order to gauge how bad a pullback really has been.

Here is a three-year chart of the S&P 500.

As you can see, the uptrend has not yet been broken, even though we are pretty darn close. I don't know if we'll hold and make a bottom around this level or not (by me putting this chart up, it could jinx that scenario a little bit), but it is an interesting chart, especially for any of you that like technical analysis.

As far as what could help us in the quest for a near-term bottom, I really think it is in the hands of Bernanke at the upcoming Fed meeting. My thesis for why the market made new highs in April, despite many apparent headwinds (soaring commodity prices and rising interest rates), was that equities were pricing in an end to the rate rising cycle.

As soon as it became clear that 5% might not be the top in Fed Funds, we lost nearly 100 points on the S&P 500. As you know, the market hates uncertainty, which is what we have right now. Some are predicting a Fed pause in late June, whereas others are calling for 5.5% or even 6% Fed Funds this year.

If Bernanke would just quit it already, we could very well hold the trend line in the above chart and make our way back to where we were the last time investors thought rates were finished going up. Conversely, if we get another rate increase and more uncertain talk from the Fed in a couple of weeks, it's unlikely we'll see better times on Wall Street anytime soon.