In this economy that we are in now i dont see how anyone can argue ethics here at all.
No doubts! It seems that most of population here does not even know what ethic is, let alone at least trying to act ethically, not even at least sometimes.
Vlado, I like your style in this thread. A lot.On a technical basis here, there is no case: phantomcircuit's system was simply in error. I would find that in terms of pure possession law, the situation is analogous to this. You're a manager for a (very honest, very fair, completely unlike all that exist today) bank with a bunch of gold in the vault and a moldy basement. You issue a clean-up order to the janitorial service, but you make a typo. What you meant to say was "get the mold out and throw it out back", but you typed "g" instead of "m", so all those nice bars and krugers ended up next to the bin in the parking lot. Passersby who scoop up the sparkly should -not- be assaulted, kidnapped and caged for doing so.
On the other hand, those identified as having loaded their pockets due to a simple error -do- have an ethical obligation to return the property if promptly called upon it. I do not want to live in a society where after setting my bag down for a few minutes some guy runs off with it screaming "FINDERS KEEPERS!" and everyone else defends that kind of behavior.
Additionally, I don't want to live in a society where assaulting, kidnapping and caging people is viewed as a reasonable course in matters such as this.
In this -particular- case, I think it's right that BenDavis repay phantomcircuit. If the USD/BTC rate went up or stayed the same since the bogus transactions, BenDavis's debt should be no more than 98% of the value at time of transfer, with any transaction/conversion fees in BenDavis's favor. If the rate went down, BenDavis's debt should be no more than 98% of the current value at time of judgment, conversion/transaction fees disposed the same.
BenDavis has certainly expressed bad faith in his sale of property coming into his hands with questionable title, especially given his response to phantomcircuit's claim. phantomcircuit's speech in trying to exact a legitimate claim may be questionable, but that is a completely separate cause of action not to be considered here.
Should BenDavis fail to abide by such a reasonably-argued order (and I am NOT claiming that the above is), his sanction should be a detailed, public excommunication of the BenDavis nym, at a minimum, combined with an invitation to parties to the court to participate in an investigation into his true identity, so that he might be more efficiently shunned at least until such time as he makes restitution.
Vladimir: I just registered bitcoincourt.com. Would you like to be a Justice and partner in building something like that?