The key here for the rule is that if the message is intended for the customer, but that customer also happens to be a potential investor, to whom the message is directed controls, and the message in this case would be intended for the customer.
That is why the rule states that if the message is intended for a customer, but that another category of person, i.e. the investor, who could also be a customer, happens to receive that message, what counts is the origination of the message, i.e. if it is originated with the intention of communication to the customer.
Since the message is intended for a customer, it is the segment of the public for whom the message is intended that controls here, not the individual person, who could be either a customer, a customer/investor or an investor. In other words, the focus is on the originator of the message and to whom it is directed, i.e. the customer, not necessarily who receives that message.
"For example, a widely disseminated communication (such as a press release) intended for use by a non-investor audience and otherwise meeting the conditions of the safe harbor will not lose protection if it is available to or received by investors or potential investors."
My question still remains and that is if the rule is in effect at this point in time.
