Important facts you guys are forgetting with all these TERRIBLE analogies and discussions.
1. BTC is NOT RECOGNIZED as LEGAL TENDER in ANY COUNTRY in the ENTIRE WORLD, galaxy, even Mars.
2. BTC were NOT stolen. They were SENT to a wallet ID WITHOUT the recipient asking for them.
3. NOTHING ILLEGAL HAPPENED. An IRREVERSABLE TRANSACTION happened with a transfer of DATA that holds NO VALUE from wallet to wallet. I can have 1 million BTC in my wallet and they are NOT WORTH ANYTHING until I TRADE THEM to an exchange, which THEN recognizes the data as currency. Still does not make it LEGAL currency.
4. The BTC did not gain it's value until they were SOLD. AFTER THE TRANSFER. The transfer from Patrick to BenDavis of 511 BTC indeed, held no value. Value comes when you take the data to an exchange. Hopefully NOT intersango. They obviously do not know how to manage an Exchange.
5. Sender lives in Europe. Recipient lives in USA. There is NOTHING legal sender can do to recipient. Not to mention that any court in either country would recognize this as anything legal or illegal for that matter. They will laugh in your face. "Let me get this straight, you sent someone 'data' called bitcoins without them asking, and you want them back?" LMFAO
I love internet lawyers.
1. Irrelevant. A bicycle is also not recognized as legal tender anywhere, but there are plenty of people in prison for stealing them.
2. It became theft when they weren't returned. You don't like the bank error analogy, so try a warehouse. They give you the wrong parcel, you sell it instead of giving it back. You go to prison.
3. Nonsense from start to finish. The exchange of data is a token to memorialize the transfer of the ownership interest in the intangible property. That ownership interest has a very real value, and the markets are very, very liquid, so the value is quite certain. Do you think your house has no value because it isn't at this moment undergoing a sale?
4. Nonsense, covered in point 3.
5. The state has an interest in prosecuting felony grand theft, even when the victim is a foreigner. If you hire a hitman to kill someone overseas, don't imagine that you won't end up in prison because the target doesn't live in your country.
The laughing will go the other way. Ask a lawyer or a judge if you don't believe me.