Look at the criteria, what other infraction are you asking me to apply to BA.
Why doesn't BA have 1/10 for ethics and communication like BFL? What is different about BA?
BA does/did actively engage with customers, on here and the other coin forum.
BFL actively engages their customers in the same way. BA only spends slightly less time on this forum aggravating customers compared to BFL. (but just as little time helping/providing support)
BA have messed up royally on one generation, BFL 2. And only one of those companies is in court ordered receivership currently.
BA's recent failure left customers with $3/gh 1.2 w/gh horrible quality hardware while BFL's failure left their customers with $2/gh 0.8w/gh decent quality hardware.
If BFL hadn't been slammed by the FTC, I would classify BA as the bigger failure.
Clearly if Black Arrow wasn't hiding behind a jurisdiction spanning corporate structure they would have been given the legal battering that usually results from the disgraceful, incompetent and arguably fraudulent service we all feel like we've received. We're not customers. We're victims. We're still trying to get the attention of someone in the right position of power and is suitably motivated to pursue this/these scammers. The history of the people involved is shocking reading.
Absolutely no question about that. if they weren't in China with some convoluted structure using Hong Kong law, they'd be up to their eyeballs in paper.
as far as I'm concerned this convoluted legal structure is an advance on the scam. what most people do not realize is that Hong Kong law is behind other countries in terms of consumer laws, including China's. little doubt in my mind that this is why they chose it, as there are not many places on earth where what they have done is not outright spelled out as flat out illegal. That doesn't mean it is legal in this case, but that the law is a little less spelled out on internet sales and rights of consumers, so it makes it a tougher fight.
not recognizing that fact is ignoring the obvious. if they were in the US or Europe they'd be buried in lawsuits, and they'd be losing their asses. they set this up, IMO, to avoid modern consumer law. that makes them worse than BFL, IMO.