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Topic: Exchange accidentally sent 512 bitcoins after coding error - page 20. (Read 35497 times)

donator
Activity: 266
Merit: 252
I'm actually a pineapple

You are WRONG.  I am NOT in possession of anyone elses property.  Once the Bitcoin transfer was complete, it is MY property now.  You ALL know this.  That is how the game goes.  Stop acting like a bitch because you are jealous it didn't happen to you.

If I send you 500 BTC, it is YOUR property now.  NOT mine.  That is how BTC works.  WE ALL know this.

That is actually not true: read the article I linked.

Also, here's the Oregon law on the matter: http://www.leg.state.or.us/ors/164.html

I'll quote the relevant section (164.015):
Quote
     (2) Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065;

Furthermore, because its value is greater than $1000 (164.055), it counts as a theft in the first degree.
member
Activity: 105
Merit: 10


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.

hmmmm, I'm curious about this.  Can anyone acknowledge or confirm the validity of this statement?

Its true, now give me all your worthless bitcoins.
Of course its not true...but thats not the point so its not worth answering. The social contract injury here was wrongful disposition/conversion. It doesnt matter if the coins are worthless, he still committed theft. What people really care about is the respect of personal private property.

This guy was allowed to be a customer and he knew d**n well by signing up what social contract he was getting into.
newbie
Activity: 14
Merit: 0
Definitely not good faith, and it'll look bad when the law gets involved.

You really seem to think the law is going to get involved?  What law lmfao WE LIVE IN DIFFERENT COUNTRIES.
hero member
Activity: 574
Merit: 513
newbie
Activity: 14
Merit: 0
Quote
You clearly seem to think you're in the right here. You might want to read up on more law before doing something so sketchy, next time. The legal tender point is irrelevant; you are in possession of someone else's property, regardless of whether it's an "official currency" or not, and you demonstrated bad faith by selling it all immediately. Your point about it acquiring value the moment you sold it makes no sense. If it didn't have value before you sold it, nobody would have bought it from you. You might also want to read things like http://www.austinchronicle.com/columns/2005-12-02/315676/. Whether it's an intangible good or not is also irrelevant. You did not _take_ someone's property, but you did not make a reasonable effort to return it to them, and instead posted on facebook (of which there is documentation) about "free money" and started preaching about how the victim was in the wrong. Definitely not good faith, and it'll look bad when the law gets involved.

I could accidentally send you my collection of used women's panties (hypothetically Grin) and if you kept it, you'd be liable. No, used panties are not legal tender. No, they have no market value. But you still took my stuff, and made no effort to return it to me. Sure, you wouldn't be liable for much, but you would definitely be in the wrong.

Over $4000? You should be worried.

Edit: Also, what's with posting his picture and name? Who cares if you know who he is? Are you trying to intimidate him by suggesting you know who he is?

You are WRONG.  I am NOT in possession of anyone elses property.  Once the Bitcoin transfer was complete, it is MY property now.  You ALL know this.  That is how the game goes.  Stop acting like a bitch because you are jealous it didn't happen to you.

If I send you 500 BTC, it is YOUR property now.  NOT mine.  That is how BTC works.  WE ALL know this.
newbie
Activity: 14
Merit: 0
Also, does ANYBODY really want to bring the authorities into this? The last thing anyone should want is bitcoin being mentioned in court documents. Bringing suit or prosecution on anyone for misappropriation of bitcoins only brings scrutiny on the entire system and probably hastening it's demise just like happened to egold and so many other anonymous ecurrencies then everybody loses.

Would it be useful to establish legal precedent?

That is NOT the case.  Patrick and Donald sent email after email threatening BenDavis and his family.  His children.  His freedom.  You make an EPIC mistake like this, and then you threaten someones KIDS about it?  That is NOT the way to get what you want back.

Ah, I see.  You should publicize the threats.

[05:21] <@Geebus> i see you really like your guns [04:47] if you want to keep them i suggest working with us
[05:22] <@Geebus> You threatened him with injury to his person or personal affects.
[05:22] Geebus, yes felons are not allowed to have firearms

^^^ I take that as a threat.  And so would a court.  But again, we live in different countries.  There is nothing legal that can be done lmfaooo
donator
Activity: 266
Merit: 252
I'm actually a pineapple
hero member
Activity: 574
Merit: 513
Also, does ANYBODY really want to bring the authorities into this? The last thing anyone should want is bitcoin being mentioned in court documents. Bringing suit or prosecution on anyone for misappropriation of bitcoins only brings scrutiny on the entire system and probably hastening it's demise just like happened to egold and so many other anonymous ecurrencies then everybody loses.

Would it be useful to establish legal precedent?

That is NOT the case.  Patrick and Donald sent email after email threatening BenDavis and his family.  His children.  His freedom.  You make an EPIC mistake like this, and then you threaten someones KIDS about it?  That is NOT the way to get what you want back.

Ah, I see.  You should publicize the threats.
sr. member
Activity: 463
Merit: 252
My initial email
Quote
Hi,

We just accidentally sent you 511 transfers for 1 BTC each.

I would personally be extremely grateful if you would send back the
accidentally sent funds.

Very Sincerely
Patrick

Email sent after it become clear to me who he was (and I assumed he knew that I knew).
Quote
Hello,

Now that we have been properly acquainted possibly you are more in the
mood to resolve this situation.

I propose that you send the full amount 511 BTC to
18G4QhjCRWsv8YJgnzRtYZGruGF8chvx1g and in return we will not pursue
criminal charges.

Patrick

My final email to him is a comical attempt to verify that he was indeed receiving my emails, the image contained was hot linked and he did indeed download it.
Title: You are not this cool
Quote
You see this little guy?  He got away with it because he's fucking Indiana Jones.

You however are just some random guy who thinks he got lucky.

You didn't get lucky you just bought yourself a one way trip to jail, we however don't much give a fuck about whether you go to jail or not.

We just want our money back.

Sent it back by noon and we wont need to file a police report and waste some of our time AND A LOT OF YOUR TIME.


hero member
Activity: 574
Merit: 513
Irreversible transactions do not make honour, ethic and law irrelevant.

Shit, it just took me like 20 times more words to say the same thing. +1 vladimir and another one for hitting the nail on the head.

This deserves more attention.  Yay for Vladimir!

I would definitely give the BTC back, but only after refusing and forcing the "exchange" to cry publicly about their own gross incompetence for a while.  Just giving it back lets them off the hook too easily.  Not knowing what the fuck you're doing while handling other people's money should have repercussions.


gross incompetence?

The fuck outta here!!!!!!!!!!!!!!1  You cannot do anything about it.  You fucked up.  I am sure BenDavis welcomes you to try and press any kind of charges.  Being you publicly admitted the code is the problem.  Being that BTC is not legal tender.  Being that you live in another country lmfao

see above

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.

hmmmm, I'm curious about this.  Can anyone acknowledge or confirm the validity of this statement?
copper member
Activity: 658
Merit: 0
If someone drops a $50 bill on the street and I come along after they are gone and pick it up, it is mine. It is not stolen. It is lost. I am not liable for the other person losing their $50.

What? Really? You'd do that? You'd not be like: "hey, you lost 50 bucks".

Man, look up Karma, you poor soul.

Let me throw a hypothetical at you. Suppose I DO see someone drop $50 but instead of either telling him about it or picking it up for myself I choose instead to ignore it and someone else behind me picks it up and keeps it. Have I committed a crime then?
newbie
Activity: 14
Merit: 0
Are you serious? He sold them before the conversation started, so his intentions were very clear. You think a nice tone would have changed this?

Good to know how to approach scammers for the future though: "Could you please give me my money back? Sad"

Yeah, it could have changed things.  Dude upon waking up and finding 500+ bitcoins may have gotton excited and let his greed get the best of him.  As easy as it was to sell, its just as easy to buy back.  But we'll never know because both parties wanted to be a tough guy.

How to approach someone who has you by the balls?  Hint: Not forcefully.

I imagine (fantasize?) phantomcircuit had contacted him privately initially and probably in a polite manner, and it seems that BenDavis had ignored the private contact and thus led to contacting him publicly in IRC.

That is NOT the case.  Patrick and Donald sent email after email threatening BenDavis and his family.  His children.  His freedom.  You make an EPIC mistake like this, and then you threaten someones KIDS about it?  That is NOT the way to get what you want back.

Quote
You see this little guy?  He got away with it because he's fucking Indiana Jones.

You however are just some random guy who thinks he got lucky.

You didn't get lucky you just bought yourself a one way trip to jail, we however don't much give a fuck about whether you go to jail or not.

We just want our money back.

Sent it back by noon and we wont need to file a police report and waste some of our time AND A LOT OF YOUR TIME.

and...

Quote
Donald Norman [email protected] to me
show details Sep 1 (2 days ago)
Hello BenDavis,

We are about to contact the Oregon police department to file a report of
theft. After which we will send this report of theft to all the leading
bitcoin businesses, especially exchanges (MtGox, TradeHill, Bitcoin7, et
cetera). We have been in contact with exchanges and reported the
addresses which the coins were sent to.

This is a criminal and serious matter. The previous police report I
filed led to an individual being arrested and put on trial. I am not
sure if he received the 9 months in jail as I did not follow up but
police detectives told me the evidence was damning and that it was
unlikely he would be let go.

The evidence we have already amassed against you is very strong. We know
who you are. If you do not want us to file a police report you must
cooperate right away. I will be filing the police report in one hour's
time. Once the police report is filed, there is no way that I know to
reverse it. Ideally, I would not want to send another person to jail so
please contact me.



Sincerely,

Donald Norman

The fuck outta here!!!!!!!!!!!!!!1  You cannot do anything about it.  You fucked up.  I am sure BenDavis welcomes you to try and press any kind of charges.  Being you publicly admitted the code is the problem.  Being that BTC is not legal tender.  Being that you live in another country lmfao
hero member
Activity: 574
Merit: 513
By the logic I'm reading here, if I put a new fountain in my front yard, and someone steals it, it was their right, because when you start putting fountains in places without locking them down, it becomes other people's right to steal them if they can.  And that if someone steals my fountain, title to the fountain transfers rightfully to the thief because the nature of fountains is that possession is nine tenths of the law and that transferring fountains (just like cash) is irreversible.

No, when someone accidentally builds a fountain in your front yard, you get to keep it.

You mean to say that if my neighbor puts together his fountain and accidentally does so in my yard, that title to his fountain passes to me?  Sorry, it doesn't work that way.  By that logic, if I go to an auto parts store, buy a new pair of headlights, and install them on my car in their parking lot (their property), that they suddenly own my headlights and/or my car.  Obviously that's ridiculous.

When toner sales men ship you a crate of toner cartridges you didn't ask for, and then sends you a bill for those toner cartridges, you don't have to send them back, and you don't have to pay for them either.  Welcome to the real world.

http://www.snopes.com/crime/fraud/supplies.asp

That seems to be a scam.  Perhaps bitcoin exchanges are scams too?
sr. member
Activity: 463
Merit: 252
The exchange is still liable to the people who want to buy/sell just like when a bank gets robbed they can't tell you "sorry, your money was stolen so we can't honor your withdrawal request". The exchange is even more liable because it was an error in their script that caused the problem, ergo their fault the money is gone. When a bank is robbed you can't blame the bank unless they have really sub-standard security in place that invites robbery, which can also be equated to this particular case. One can easily argue that the code wasn't sufficiently secure from error and that puts the liability on the exchanger.

In any event, no users funds are compromised as we understand the risks.

While we ourselves do not state to offer guarantees for such things. We are fully cognizant such things can occur however no amount of testing can predict every occurrence. We keep an offline wallet exactly for cases like this and although we don't publicly state it, there are certain things we guarantee. This is one of them at least in this specific instance.
sr. member
Activity: 448
Merit: 250

It is of of course not clear if money can be recovered in the end, the dude could plead poverty and pay 1£ a month until end of days, for example, etc...


This is always a bitch. I've got a 21-year-old fuckwad that owes my girlfriend almost $20,000 and me over $40,000 in restitution for crashing into me while he was fucking hammered on the freeway, and that is just for incurred expenses, nothing as far as future medical and pain and suffering and all that BS.

The court has him paying us each $20 a month.

As far as the drama:

Just remember monopoly...bank error in your favor, collect $10.
copper member
Activity: 658
Merit: 0
Having people take coins that don't belong to them doesn't represent the "real world"... unless you're talking about the uncivil portion of the world where everybody is poor and outlook is bleak.  To you who took the coins and claimed they were yours to keep, I consider you equivalent to a scammer.  You took advantage of a service someone provided you as a favor, and you stole something with the nonsensical justification that you "could".

That's the same way it works in poor neighborhoods.  No one there has anything, and part of that is because they have to spend their life protecting what little they've got, because someone else feels justified to take it just because it's not locked down.  That's not the way to prosperity.  No one gets ahead except at somebody else's expense - the net result is the entire community stands still.  On the other hand, in less desperate places, opportunities to steal are boundless, but people rarely take advantage of it because they choose to do things that get them ahead without setting somebody else back - community thrives and prospers as a whole.

If the idea is that the person who built the service that sent the coins is in error and should have known better, perhaps you're right.  Perhaps he should have known better than to provide a useful service and pitch in his time and talents to provide something to improve the bitcoin community.  Perhaps no one should do a damn thing for Bitcoin and take the risk that a fucker like you might grab their nuts and twist them.

What a fucker you are.  I don't know you, or the person you stole from (yes, stole), but I will be very gratified if I ever hear you got your ass handed to you for this.

This theft is a setback for all of us as a community.

Yeah, BenDavis didn't steal the exchange's money, he stole the community's money, which could potentially be yours. ^_^   Therefore, that means if everyone at the exchange tried to withdraw their money, they couldn't because BenDavis has some of them, the exchange doesn't have them anymore.

The exchange is still liable to the people who want to buy/sell just like when a bank gets robbed they can't tell you "sorry, your money was stolen so we can't honor your withdrawal request". The exchange is even more liable because it was an error in their script that caused the problem, ergo their fault the money is gone. When a bank is robbed you can't blame the bank unless they have really sub-standard security in place that invites robbery, which can also be equated to this particular case. One can easily argue that the code wasn't sufficiently secure from error and that puts the liability on the exchanger.

Also, does ANYBODY really want to bring the authorities into this? The last thing anyone should want is bitcoin being mentioned in court documents. Bringing suit or prosecution on anyone for misappropriation of bitcoins only brings scrutiny on the entire system and probably hastening it's demise just like happened to egold and so many other anonymous ecurrencies then everybody loses.
hero member
Activity: 574
Merit: 513
Are you serious? He sold them before the conversation started, so his intentions were very clear. You think a nice tone would have changed this?

Good to know how to approach scammers for the future though: "Could you please give me my money back? Sad"

Yeah, it could have changed things.  Dude upon waking up and finding 500+ bitcoins may have gotton excited and let his greed get the best of him.  As easy as it was to sell, its just as easy to buy back.  But we'll never know because both parties wanted to be a tough guy.

How to approach someone who has you by the balls?  Hint: Not forcefully.

I imagine (fantasize?) phantomcircuit had contacted him privately initially and probably in a polite manner, and it seems that BenDavis had ignored the private contact and thus led to contacting him publicly in IRC.
newbie
Activity: 14
Merit: 0
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

If you wake up, and there are 511 BTC in your wallet, THEY ARE YOURS.  It is a different story if a Bank sends you funds to your LEGALLY RECOGNIZED BANK ACCOUNT, then yes.  You have a LEGAL obligation to send them back.  This however, is 'data' that you can trade for currency, yes.  But the 'data' itself is NOT RECOGNIZED AS LEGAL CURRENCY IN --ANY-- governing body in the entire WORLD!!!

This is not a 'oops I dropped 50 bucks on the ground' type case.  Because the 50 bucks is LEGAL TENDER and controlled by a Central Bank and governed!  BTC is NOT!!!

This is not a 'oops I built a fountain on your yard' type case.  Because the fountain is REAL!  You can see it.  You can touch it.  You cannot physically touch or see BTC data.

This is for sure 'oops my code sucks ass, I am not as smart as I think I am, I fucked up and sent data to another program that collects data.  I do not own this data either, it is data sent to me from OTHER people that use my exchange.  And if I do not get this data back, I will look like an idiot for losing my customers data - so I will make threats, physical, mental and legal threats on this persons family, child in hopes it will scare them in to sending the data back, but fully knowing that there is nothing I can do legally'

/rant

You are fucked Patrick.  You fucked up.  You blew it.  There is nothing you can do about it.  I would feel like a huge douche too if I was you and try to do anything I could to get it back.

https://intersango.us/templates/clean/img/patrick-cto.png
hero member
Activity: 574
Merit: 513
Having people take coins that don't belong to them doesn't represent the "real world"... unless you're talking about the uncivil portion of the world where everybody is poor and outlook is bleak.  To you who took the coins and claimed they were yours to keep, I consider you equivalent to a scammer.  You took advantage of a service someone provided you as a favor, and you stole something with the nonsensical justification that you "could".

That's the same way it works in poor neighborhoods.  No one there has anything, and part of that is because they have to spend their life protecting what little they've got, because someone else feels justified to take it just because it's not locked down.  That's not the way to prosperity.  No one gets ahead except at somebody else's expense - the net result is the entire community stands still.  On the other hand, in less desperate places, opportunities to steal are boundless, but people rarely take advantage of it because they choose to do things that get them ahead without setting somebody else back - community thrives and prospers as a whole.

If the idea is that the person who built the service that sent the coins is in error and should have known better, perhaps you're right.  Perhaps he should have known better than to provide a useful service and pitch in his time and talents to provide something to improve the bitcoin community.  Perhaps no one should do a damn thing for Bitcoin and take the risk that a fucker like you might grab their nuts and twist them.

What a fucker you are.  I don't know you, or the person you stole from (yes, stole), but I will be very gratified if I ever hear you got your ass handed to you for this.

This theft is a setback for all of us as a community.

Yeah, BenDavis didn't steal the exchange's money, he stole the community's money, which could potentially be yours. ^_^   Therefore, that means if everyone at the exchange tried to withdraw their money, they couldn't because BenDavis has some of them, the exchange doesn't have them anymore.
hero member
Activity: 574
Merit: 513
I would have sent them back.  I also would never do business with someone I knew wouldn't.

But that's just me.  I've turned in wallets full of fiat cash to lost & found before, as well.

(edit)  I should have mentioned that it was also monumentally stupid to put code into live production without thorough testing.  That probably goes without saying, but I'm saying it anyway.  Seriously, guys, who does that?  Especially on a site that's dealing with a quarter million dollars or more worth of electronic funds...

See https://bitcointalksearch.org/topic/m.498999
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