If they did mine with them before shipping (which I doubt slightly), I don't see a blatant breach of contract. Those units will be leaving the network anyway. I think the month delay is more serious, which if you compare to BFL is almost laughable.
Anyway, good luck to us all batch2-ers! Hoping for the best.
BTW, is anyone else sweating this miners "being a money-transmitter" business? I have a pretty face and wouldn't fare well in the pen.
You're only a MSB if you
transact more than $1,000 in a day. You can mine all you want in bitcoins. You can even convert $999 a day and you won't be a MSB. That is an amount most people should be able to live off of. Mining coins is not a transaction unless you were to receive the proceeds in dollars. Stay in bitcoin and you will be fine.
Disclaimer: I am not a lawyer and this is not legal advice. You can read the official version here though:
http://www.fincen.gov/financial_institutions/msb/definitions/msb.htmlIf I'm wrong, I have an ugly face so perhaps I would do quite well in the pen.
I believe a "money transmitter" is different than a MSB. You can be a transmitter without being an MSB so you still have to follow the transmitter rules ... I think.
FinCEN’s regulations, as amended, define the term “money transmitter” to
include a person that provides money transmission services, or any other person engaged
in the transfer of funds. The term “money transmission services” means the acceptance
of currency, funds, or other value that substitutes for currency from one person AND the
transmission of currency, funds, or other value that substitutes for currency to another
location or person by any means.3
The regulations also stipulate that whether a person is
a money transmitter is a matter of facts and circumstances, and enumerates business
models where a person’s activities would not make such person a money transmitter.
Generally, the acceptance and transmission of funds only integral to the sale of goods or
the provision of services, other than money transmission services, will not cause the
person that is accepting and transmitting the funds to be a money transmitter.”4
http://www.fincen.gov/news_room/rp/rulings/pdf/FIN-2012-R004.pdfI'm no lawyer but I think it could be easily argued that these miners don't transmit money, only verify financial transactions. But with this Mt. Gox investigation, there's no telling what they'll do next. Fortunately for us, this is not a fight the gov can win.