To be honest I'm not sure. I know if I was a witnesses I would be doing a number of things to garner support.

(1) I would search out and provide any legal proof the Steemit Stake isn't private.
(2) I would compile all promises made by NED in regards to the Steemit INC. stake
(3) I would find adequate proof that the disclaimer is after the fact of this issue at hand.
(4) I would provide all the above in a single post and referance it everytime a topic like this comes up.

Its the legal aspect that truely matters here, not promises that aren't legaly binding. If there isn't enough legal proof the Steemit INC. stake isn't privately owned then its privately owned regardless of if promises were made or not. Its the job of those saying Ned's Steemit stake isn't private to provide evidance to support those claims.