Let the courts decide.
Oh the courts will, and I can guarantee it will most definitely be in CoinLab's favor. My main job is doing due diligence on large acquisitions, which usually has me reading hundreds of pages of legal contracts and documentation. It is quite evident Gox completely ignored the agreement.
"What tipped us into filing was our complete inability to get Mt. Gox to deliver on the few simple things left that were needed for customers to move over en-masse;"
IV. COUNT I- BREACH OF CONTRACT
B. directly servicing customers in the United States and Canada in violation of the agreement’s exclusivity provisions;
C.failing to cooperate in facilitating the timely and seamless transfer of CoinLab customers to CoinLab;
D.failing to provide the necessary technology, software, and know-how to CoinLab and refusing to establish promised network connections;
E.failing to deliver all passwords, Yubikeys, administrative logins and other required security information;
F.failing to make available to CoinLab on-demand and read-only access to Mt.Gox’s databases and other related records and data pertaining to accounts for customers in the United States and Canada;
G.failing to timely comply with the Agreement’s revenue share requirements;
H.failing to timely deposit Liquidity Funds in the manner instructed by CoinLab;and
I.failing to timely reconcile revenue and customer trade imbalances.
49.As a result of Defendants’ breaches, Plaintiff has suffered actual damages in an amount equal to or exceeding $75,000,000
http://www.scribd.com/doc/139160091/Coinlab-v-Mt-Gox
Lets' talk about enforceability though. These international contracts are difficult if possible at all to enforce. Gox doesn't seem to scared.
Not to mention a lawsuit of this scale could take years to get settled...