I wasn't even betting on this one.
But it was obvious on a lot of points, that BFL had failed to do it.
They said they include the title in the agreement
1) BitForce SC Jalapeno: a USB powered coffee warmer providing 3.5 GH/s, priced at under $149
2) BitForce SC Single: a standalone unit providing roughly 40 GH/s, priced at $1,299
3) BitForce SC Mini Rig: a case & rack mount server providing 1 TH/s, priced at $29,899
I'm fully aware that, their has been changes to what they will say each of these will do. Changing them respectively to 4.5 / 60 / 1500.
Also added a "Little SC Single", which is 30Gh/s. I'm sure there was further tweaks, as I did not follow it that closely.
This was done after the bet was issued apparently, so it is questionable to allow the change in hashrate, to add a device, can't really be taken into account. The original bet was talking about the original 3, not this added 4th one.
#Point 2BFL Customer or Employee - He appears to be somewhere in the middle. He clearly got 1st dibs on it, for "work" he did, so he is certainly not a normal customer, but he is not an on the books employee.
The pictures were provided by Josh (BFL Employee), showing a prototype, hashing just a few hours and posted just after the deadline. The "device" was still at BFL labs (ie. Not shipped), Luke appears to operate the computer remotely.
#Point 3The device does hash, but the 75% requirement being met doesn't matter as it doesn't meet it or doesn't apply. It hashes at about 24-25Gh/s, Since either it's a SC single (75% of 40Gh/s is 30Gh/s) and it doesn't meet the requirement or it's a Little SC single and it doesn't count as one of the original 3.
SummaryIt was ruled as a draw by BoB, even though it clearly was not. They failed at every point. So It was "True", 'BFL would not ship'.
Further more, it was clearly stated no commission would be taken, but I've already seen reports that people are indeed being hit with one.
BoB made a bad decision too quickly, on one of the hottest discussions in bitcoin for a long time now (which also had a bet on) and instead of investigating properly, just pulled out the Draw card instead. It was so hotly debated, not because it being close true/false situation, but because BFL and the BFL supporters were actually trying to steal a win at the last minute. It appears they succeeded in some small way, and BoB helped them.
If the reports of commissions actually still being taken are true, BoB has managed to take a cut from both sides in this rather large bet.
Those directly associated with BoB deserve a scammer tag.