Topic: First BFL ASIC! - page 8. (Read 58260 times)

This. Legally, an employee and a contractor are two very distinct types of relationships. Neither is a subset of another, and should not be mistaken for such.

On that note, Luke's relationship with BFL appears to be closer to the latter.

Alrighty..I've seen this posted a number of times now. You guys do realize there is a huge difference between being an employee of a company and being contracted by one..right? That just because they compensate you in some form for your work doesn't make you their employee.

Am I the only one employed who understands this?

If a jury or appellate court ever ends up having to rule on this sort of thing, they might interpret the definition of an employee differently if the case was Luke-JR vs BFL or Commissioner IRS vs BFL instead of Bogart et al. vs betsofbitco.in Since a defition of "employee" is not included in the bet definition, the court might have to decide if the clause should encompass any person who does work for BFL, or only regular full time employees.

More likely though, they would never need to evaluate the employee clause since much simpler tests have already failed
- it was never shipped
- it was not one of the devices specified in the bet
- BFL-Josh, an undisputed employee, made most of the actual post, not Luke-JR
These points are not disputed (except by a few guys claiming that a thing sitting on a test bench in the factory has been shipped, an argument of such frivolity that might actually result in a contempt of court for the lawyer).

The harder questions of
- what time zone actually applied
- what definition of employee does the non-employee clause use, and does Luke-Jr fit this defition?
- does Luke-Jr being an employee or contractor for BFL exclude him from the defition of "customer" as in the specification of the bet
might never need to be put to a jury, since the easy undisputed questions can be ruled on the merits.

It was intended to suggest that we are about to go down the rabbit hole and see how deep it goes.

Matt, what does that pic mean?  I am afraid I am not well versed in internet memes and such.



Edit:  Thanks for the explanation.  I actually guessed that could be a rabbit hole.  I figured you meant I was crazy, but I won't ask for clarification on that haha

CROSS-POSTING

Actually, it is pretty clear that Luke is an employee of some sort (contractor, etc.).  Phinnaeus Gage dug up this quote from Luke in the larger thread concerning this scam:


That's a direct quote from Luke-Jr.  It's also clear that he is being compensated by BFL in various ways and that he is helping them to develop the shitty prototype he claims is a finished product.  He refused to answer questions as to the nature of this compensation.

In the same thread, Luke-Jr. also said that he talks to Josh Zerlan every day between midnight and 2:00 AM.  I really don't know why you guys keep trying to engage with Luke as if he is going to correspond with you in good faith.  It's obvious he is one of the co-conspirators of this scam.

Bogart, that is terrible what happened to you.  You have every right to be furious.  They stole a large sum of money from you.  There is no question it was theft, plain and simple.

Of course he's in on it. They're paying him $250/day.

+1

This is exactly what all the rage is about, It was totally crooked to say it was a Draw, when one side should have won.

Wow... they took 5%??? Scammer tag!!

The bet was delcared a draw. BoB took their cut, and refunded the rest back to both sides.

Has the bet already been paid to the otherwise losing side?

Bogart, I have not put any money in this bet, but I feel for you.

This is total bollocks. If they are not corrupt, at the very least their judgement is extremely questionable.

BTW, Luke seems to agree:

For the record, these Wiki edits were done to back out the changes Luke-Jr made:

It does feel a lot more like "shipping a test unit to a vendor" than "shipping a early-release unit to a customer".

Nope, users couldn't fix it.

They might have used them as alpha testers, but not as coders.

That was bad enough though, I give you that.

But what happened here is more like EA sent the code for bug fixing and said "shipped! haha! for bug fixing"