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From: Sam E. Antar [mailto:sam@whitecollarfraud.com]
Sent: Monday, January 28, 2008 9:22 PM
To: 'Patrick Byrne'
Cc: Kenneth Israel (SEC)'
Subject: Overstock.com Fourth Quarter Fiscal Year 2007 Earnings Call

Dear Mr. Byrne:

This is in response to your email and post on the InvestorVillage Board (see below).

At your third quarter fiscal year 2007 earnings conference call, you had asked if I was on the line and said that you would accept questions from me if I was on the conference call. If that statement at the last conference call was not intended to intentionally mislead your shareholders, I would expect that you would welcome my participation at Wednesday's call on an equal footing with all other participants.

It is highly irregular for a participant in a conference call to be singled out and limited to three questions posed in advance, each consisting of 25 words or less. I believe that such a condition would be at variance with the principles of free and full disclosure required by the securities laws at conference calls.

You appear to be imposing conditions on me that are not imposed on other conference call participants. I will not accept special conditions that are not imposed on other participants in the conference call.

Accordingly, I again request that I be permitted to participate in this conference call on an equal footing with all other participants.

I await your response.

Sincerly,

Sam Antar
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