Bustabit was paid for a license.
When did this happen? Did you buy a license from me, or from Daniel?
Bustabit has code, if Bustabit sells me a copy of the code, much like a book, I can read it, but I can not run it or modify it and Bustabit has every legal right to tell me I need to cease doing anything besides reading it. I'm not saying that Bustabit would do this, but when a legal team looks things over, they look for any and all issues. This is a MAJOR issue.
When you were given the code, you should've been given something in writing saying what you are allowed to do with it. For instance, when I sold a license, I told people they can do what ever they want as long as: * They do not distribute it. * They do not sell it * They do not claim to be, or affiliated with bustabit
Once I sold that person permission in writing (aka a license), it's not like I can retract it. If you haven't been given such permission, I suggest you contact bustabit support and get it in an email as writing as irrefutable proof of what you're allowed to do with the source code.
The lawyer, which I have not yet hired, states the best way to go about this is to lodge a complaint (due to the amount being over $100K USD equivalent) with the FBI Cyber Crimes division, where a case will remain in effect until there is a resolution.
When did you buy the license? And when did you first be unhappy about what you received? I hope this isn't a "I bought something in btc and now that the price of bitcoin went up through the roof .... so i'd like my bitcoin back"
I agree - when buying a license, one should get a license. I did contact Bustabit, openly, in public, right here, just a few messages back. To which, Bustabit replied stating I should have asked for whatever I needed a the time of purchase. It is still at the time of purchase, even now, because time of purchase is a a term meaning not only for the payment of something but continuing through the time of delivery of what was purchased. Delivery has not taken place, hence, my purchase is still ongoing.
I was under the impression that being licensed by bustabit was absolutely an affiliation to Bustabit. I am not alone, google search the term "licensed by bustabit" (with the quotes), and you will see a number of sites stating they are officially licensed by Bustabit.
As stated before, there is a flaw with the "they" you are referring to, as in when you say "they do not distribute it" and "they do not sell it" and "they do not claim to be...". They in a legal sense needs to be an individual or a business entity, but instead "they" is an online presence (speaking of a domain name). There can never be an effectuated agreement with a domain name. This is yet another reason for my solution to include surrending the domain name to Bustabit, this would in essence transfer over "they" right back to bustabit, bustabit can then do whatever they want with "they" from there.
As far as the change in price relative to some fiat currency I simply do not respect the topic even being brought up. The reason I don't, is because the price was 2 bitcoin ... Had the price for instance been $50,000 USD and payable by bitcoin, then I would agree, the USD equivalent is the price that is in question. The fact that this is being brought up just goes to show how dollar hungry those that have are in a position of power with regard to Bustabit are, I think anyway. What has the site profited the owners ? 6100 BTC ? ... And yet here we are talking about 2 bitcoin and the fact that relative to the dollar, or whatever, those 2 bitcoins go a few times further than what they used to... Furthermore, in my first message where I posed the question, I was open to the option of possibly getting less than a full refund, but the out right refusal I won't be accepting anything but.
Continuing down the list of what is wrong here... Your supposed software license is an email. An email. The license being "Whatever they want" except for just a couple rules "don't distribute it" and "dont sell it" and "dont say you are affiliated with bustabit". How can you even be serious right now ? The "dont sell it" isn't even legal, due to first sale doctrine. I'm really not trying to be a dick about the whole situation but COME ON ... I can not possibly expect a large business entity (the kind with a legal team ) to accept a license of a printed email, where I point out "yep, right here, see, "whatever-they-want"-licensed" ... But the biggest issue is now it has come to light that even if that were acceptable as a legal software license, is that it is against the terms to state any affiliation with bustabit despite being licensed by bustabit (That was the biggest selling point of the whole thing, not only when payment was originally made, but when the people on the other side of my business broker wished to purchase the business from myself - I have worked with the broker to sell 3 businesses in the past).
So, for the following reasons I wish to surrender (transfer) the domain to bustabit and be sent 2 bitcoin as compensation for doing so:
- No license provided at time of purchase of license
- Misleading terminology, not able to state affiliated in any way with bustabit (Despite being licensed by them - I'm not the only one to think this google the search term with quotations "licensed by bustabit")
- No license still provided a great deal of time after payment having been made
- License Agreement, had it existed and been given, can not be effectuated with a domain name as a buyer
- License Agreement via email, with licensing terms of "whatever-they-want" is legally not up to par.
- EU law allows for a period of time after a license is given to refuse it (So, I do not wish to at this point email in to request one, I already talked about it in this forum thread, and was declined one)
- License (email) if it did count contains non-legal caveat, for instance "dont sell it" when someone can absolutely sell a copyrighted work due to First Sale Doctrine.
- It is ridiculous to be licensed by any entity, and then be told that you are to not show your credentials proudly on a website. That is like Costa Rica giving a gambling license to Bustabit, and then sending an email saying "so, yeah, about that license, don't put that online anywhere or say anything about us being affiliated with one another, despite giving us a hefty sum of 2 bitcoins to be licensed. NOTHINGBURGER is what was sold here.
There's a lot more I could say, but its already all so ridiculous ... I could dig back and eventually find exactly when I paid for the license, but before I put in the time to do so, why do you wish to know ? Is it an effective use of my time to go looking for the exact transaction ?
I tried to cover all of the questions, if I missed anything please ask me it again, it was a lot going on there and I'm just waking up now...