There is no chain of title from the depositor to the current owner of a coin. MtGox being off blockchain and pooled funds makes sure of that. You can trace a particular "coin" back to MtGox, but the trace stops there. You can't trace back further than that.
Coins get spent into Mt. Gox's pool, so there is clear chain of collective ownership of the pool.
The depositors didn't have any "coins" directly and thus have no claim with the actual thief (if one exists).
This depends on the contract with Mt.Gox. Most banks have a clause which says that deposits are unsecured creditors and not allocated nor unallocated storage. Whereas most other vaults/accounts in the world are allocated or unallocated storage.
http://dollarvigilante.com/blog/2013/11/04/plans-in-place-for-a-us-bank-bail-in.htmlMtGox had its coins stolen (or embezzled). The depositors traded Bitcoins for IOUs payable by MtGox. Much like a bank there is no individual depositor's money. The bank has a liability to the depositor. If a bank is robbed it is the bank's money that is being stolen.
Mt.Gox was not a bank. Did they have a banking license to take deposits? I don't think so.
Now in the US we have deposit insurance but even if we didn't the bank couldn't just say "sorry that was your particular $100 bill stolen is last weeks robbery). The banks funds were stolen and the liability the bank owes the depositor still exists.
Not any more! Read what I quoted above. Now the banks can give you worthless equity in the bank instead.
Now in this case when MtGox lost their coins, they lost the ability to repay those IOUs. In the size of the theft was smaller MtGox couldn't just say "sorry that was your coins stolen" the liability (IOU) would remain and depositors could seek damages against MtGox. I know we went a long way round but while MtGox may have a claim against any coins that can be traced back to MtGox, no depositor would.
That depends on the contract Mt.Gox had with its account holders. In any case, the court can apply the demo dat rule on behalf of Mt.Gox.
A
copy of the Terms of Service is available on way back archive. Looks like you made the wrong assumption:
Still the application of demo dat rule is not a forgone conclusion when it comes to bitcoins. It doesn't apply to legal tender and it also doesn't apply to bearer instruments (i.e. casino chip), or negotiable instruments (i.e. a check).
Because the government needs for legal tender and checks to be fungible, as it is the government's (i.e. banksters') money and banking system. And very rich (banks) need the casinos
to launder their drug money (did you forget about HSBC recently).
It is at least plausible a judge would rule that bitcoins are more like those exceptions than real property. Until we see a court case we won't know for sure. I am not a judge so what I think matters little but a bitcoin has more in common with a casino chip (a bearer instrument) then it does with a car (which is a unique specific piece of real property).
Note: to be clear I am not saying I have the answer just pointing out the law is pretty slow to react to technological changes. This and countless other questions will eventually be decided but the timescale is measured in decades.
Bullshit. It is quite clear a judge will rule that Bitcoins are property and not creditors to Mt.Gox.
At least do some research before you spout off your often wrong mouth.