I think they will have to seriously worry about fraud charges if they do but the way Jim talks about it makes me think they hope they can get away with it and they are slowly preparing the public for it...
re: (about 2/3 into the interview)
Q: you have absolutely no plans to ever go public? (great question, BTW! and very well asked it's just that Jim is vague and ambiguous and she appears to fall for it... why no follow up questions?)
Jim: (notice how he breathes heavily before he begins his answer -- he does appear much more uncomfortable than Craig delivering all the BS, he may be a decent guy that just got caught up in this and feels like he has no choice but to follow Craig's BS lead; Craig, on the other hand, appears to enjoy fooling everyone from friends, such as Dan Gillmor -- although it looks like he might be waking up for good -- to foes... no to mention "the girlfriend," poor Eileen...)
"Well, in our view we have no advantages of doing that, at least from what we know now..." --> of course there is a heavy dose of ambiguity and confusion that follows that statment
Jim:(...) "somehow it doesn't seem appropriate that we would be managing things like investors' expectation about future revenews and profits"
--> that's the inappropriate part??? NOT the fact of going public after making people believe they would never do that and continuing to receive volunteer resource and benefit from word of mouth etc.? (this should have never been a question ... but then again, they should have never turned for-profit, definitely not without voluntarily disclosing their profits -- thekeran's link; 8th comment -- so people could see what they are made off...)
P.S. No Jim... it just seems appropriate that you would forget about investors! (and continue to make untold millions after millions after millions yourselves! while still claiming to be a "public service" and continue to ask for and accept peoples' help -- now, isn't that much much better? if you are not completely rotten, get out of this mess while you can...) D.