Why can't she claim they made some dumb modification - and combined with using the Siemans machine out of spec - that it was the "Theranos Machine"?

This seems like startup 101.

On one hand, I can see why it's fraud. On the other hand, I can't - because it seems indistinguishable from a lot of businesses.

> This seems like startup 101. On one hand, I can see why it's fraud. On the other hand, I can't - because it seems indistinguishable from a lot of businesses.

This is the problem right here. Fake it till you make it bullshit. Rather than actually innovating, just pretend you are.

> Why can't she claim they made some dumb modification - and combined with using the Siemans machine out of spec - that it was the "Theranos Machine"?

Well, because we're talking about medical diagnosis, not a note-taking app. You don't get to just make claims, you need to prove them.