indio007,
You're missing one major aspect of your "Contract"
When you click send or put your crappy up script in the live environment you are agreeing to transact in an anonymous, irreversible, trust-less transaction. Your contract is implied and self enforcing and thus you are not getting your BitCoins back nor do you deserve to. It really doesn't matter that the doggie ate your homework and the last thing BitCoin needs is a pile of lawyers kicking down doors so to find "stolen" bitcoins.
There is no implied contract until there is a consideration from both parties. However even if there was the presumption of a contract the fact would be rebuttable by evidence. Such as the confession of the receiver. No one is going to kick down his door and seize bitcoins because he already sold them, so once again bittalk.org become the home of the red herring. What the courts will do is make him pay for his ill-gotten gain.
Bitcoins are not anonymous BTW.
I love how people keep draggin the government into this as if they are a party to the dispute. They aren't ,there are two people involved. One demands justice. The other demands free profit at the expense of another. The government is supposed to be a neutral third party acting to ensure a fair result to the dispute. Like I said before , we can go to self help justice and start taking pounds of flesh instead. I 100% certain that if that happened you would be crying "Where is the gov't to protect us?"
