I would certainly consider their "non-cancelable spending commitments" misconduct in their financial reporting obligations. The law doesn't seem to be on my side on that though. I don't have enough hubris to claim the law is wrong, but I don't think I'll retract my position either.

Can you explain your objection more? They have several sections of their S-1 dedicated to this, and it's been public knowledge for a while (the other big IPO this year had it as a pro), so I'm not sure what you mean by "misconduct in their financial reporting obligations"