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I don’t see how they can make this argument.
Falcon is a kernel module. When kernel modules fuck up, you get kernel panics.
Sure, the layperson may not know enough about computers to recognize this, but it’s a basic enough fact about operating systems that an investor in a company like this should take the time to learn. It’s not like they hid that fact.
If you invested in a company without knowing how their product works, that’s on you.