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Topic: [MTGox Sued 5/2/2013] Statement Regarding Formal Complaint - page 2. (Read 6332 times)

legendary
Activity: 2198
Merit: 1311
And the price of coin plummets....

Yeah, cash out of your coins into USD that MtGox holds lol. Price should be sky rocketing while you get your coins out.

When the market gets really crazy and bad news starts piling up, I don't try to profit anymore.  I'm happy with what I've made and can comfortably weather the storms.  No, the first thing I do is move my BTCs from exchanges into offline wallets.  I don't want them seized and I can move them so much more easily than USD.

Precisely, emphatically, and wholeheartedly this ^^^.

The rest of my quote was cut off when I was quoted. I've added the rest of my quote back. The lol, is wtf are people doing that for? Selling all their coins for cash? If you're worried, sell your USD for cash and just like proudhon said, get them in your possession which bitcoin makes oh so wonderfully easy.

Sorry, I didn't mean to make is seem like you were endorsing cashing out to USD.  I understood that you were poking fun at the idea.  In any event, everytime I actually perform a bitcoin transaction or make an offline wallet, I'm reminded of how cool bitcoin is.  

Since yesterday is the first time I've actually had no bitcoins anywhere other than my own private offline wallets.  I've typically kept at least a little bit in online wallets or an exchange or two, but I think I'm done with that until this infrastructure matures more and I have more trust in third parties.  The risk of losing my bitcoins concerns me more than their value dropping and not having the immediate ability to convert them to USD on somebody else's balance sheet.

I understand that's not going to be everyone's risk assessment.  I'm sure a lot of people who bought in the past couple months will decide differently.

Sorry for the thread hijack.
hero member
Activity: 504
Merit: 500
WTF???
And the price of coin plummets....

Yeah, cash out of your coins into USD that MtGox holds lol. Price should be sky rocketing while you get your coins out.

When the market gets really crazy and bad news starts piling up, I don't try to profit anymore.  I'm happy with what I've made and can comfortably weather the storms.  No, the first thing I do is move my BTCs from exchanges into offline wallets.  I don't want them seized and I can move them so much more easily than USD.

Precisely, emphatically, and wholeheartedly this ^^^.

The rest of my quote was cut off when I was quoted. I've added the rest of my quote back. The lol, is wtf are people doing that for? Selling all their coins for cash? If you're worried, sell your USD for cash and just like proudhon said, get them in your possession which bitcoin makes oh so wonderfully easy.
full member
Activity: 120
Merit: 100
best business ever.
start company, enter agreement,
not have it fulfilled
sue for 75 million.
retire

Or maybe more like:

start company,
enter agreement,
organize DDOS attacks to hinder the ability of MtGox to fulfill the agreement,
not have it fulfilled,
sue for 75 million.
retire

The moment I heard of MtGox's plans to become partners with a US based company, my first thought was - "WTF are you doing Gox?? Are you stupid?? You WILL get burned by the US - they are probably going into this 'partnership' only to be able to burn you harder". Sadly, it seems I was right.
sr. member
Activity: 356
Merit: 255
And the price of coin plummets....

Yeah, cash out of your coins into USD that MtGox holds lol.

When the market gets really crazy and bad news starts piling up, I don't try to profit anymore.  I'm happy with what I've made and can comfortably weather the storms.  No, the first thing I do is move my BTCs from exchanges into offline wallets.  I don't want them seized and I can move them so much more easily than USD.

Precisely, emphatically, and wholeheartedly this ^^^.
sr. member
Activity: 308
Merit: 250
As the bitcoin economy gets bigger, expect way more dirty business...

Anyway, for the average Joe, it boils down to this:
Either, you believe in Bitcoins - or you don't.
If you believe in bitcoins: buy them, hold them, don't freak out and just wait...
If you don't believe in bitcoins: speculate at your own risk, don't be too greedy - and stop whining if you loose money.
sr. member
Activity: 298
Merit: 250
apparently there were darkfriends* among mtgox lawyers, who wanted to get this agreement signed.

*people who can be bribed, for their own gain, not taking into account losses of other people.
legendary
Activity: 2198
Merit: 1311
And the price of coin plummets....

Yeah, cash out of your coins into USD that MtGox holds lol.

When the market gets really crazy and bad news starts piling up, I don't try to profit anymore.  I'm happy with what I've made and can comfortably weather the storms.  No, the first thing I do is move my BTCs from exchanges into offline wallets.  I don't want them seized and I can move them so much more easily than USD.
member
Activity: 94
Merit: 10
It seems contrary to the spirit of bitcoin to resort to the courts over a purely commercial dispute. Absent some fraud or theft on the part of Gox, I would rather see this settled in private. That said, this raises the question of whether "exclusive license" means exclusive of the licensor...

Sorry, what? So, if I break into your house and steal the USB your private key is stored on (an example - I have no idea where you store your private key), you won't sue me or prosecute? You'll attempt to "settle in private", meaning you will ask for your money back, I'll laugh and ignore you?

What's your address?


I said "absent fraud or theft" I am opposed to using the courts for this. If you need help interpreting this sentence, it means if there is fraud or theft, then I support using the courts to recover.
hero member
Activity: 504
Merit: 500
WTF???
And the price of coin plummets....

Yeah, cash out of your coins into USD that MtGox holds lol. Price should be sky rocketing while you get your coins out.
full member
Activity: 182
Merit: 100
And the price of coin plummets....
donator
Activity: 1120
Merit: 1001
Read the red part carefully everyone. What do you think Coinlab is trying to suggest?


http://coinlab.com/status

Quote
I have more news on the Mt. Gox transition. Today, CoinLab regretfully filed a formal complaint in Federal Court against Mt. Gox.

In the last month, many of you have contacted me directly and asked for more details on our transition, and I would say (charitably) that I've been frustratingly vague -- I just haven't been able to talk about it.

I'm going to take this chance to talk about it. I'm not here to complain, our filing contains an accurate summary of events, but I want to talk about what I see as most important for Bitcoin right now.

Bitcoiners have, on average, lost more money due to technology difficulties, frozen / lost banking relationships and shady characters like pirateat40 than due to any part of Bitcoin's fundamental economics. I hate this fact, passionately. I have a vision in which high quality service and technology and ethics can be delivered to you, me, my kids, everyone who has a stake in Bitcoin.

It is my goal for CoinLab that we provide fundamental infrastructure to minimize these risks for everyone in our space, and I do mean everyone; from those on the Bitcoin Forums who dislike and distrust me personally, to the mom and pop cupcake makers in San Francisco, to my daughter who recently sold some knit products for .01BTC.

While I was willing to take a two year restriction on our venue (US and Canada only for two years was part of our contract), I have for a number of years now wanted to make sure that Bitcoin is properly situated for everyone's good.

When we spun up our initial alpha customers, they included companies that from one perspective could reasonably be deemed to be our competitors, some of the best companies in our space. We worked extremely hard to provide them great service, because I want to build our ecosystem; I want a robust economy and a broad base of service and product for everyone.

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; we were often left just apologizing to our alpha customers while their own businesses suffered. I'm just not willing to put any of our customers in that position -- if we can't do a good job for you, I won't promise that we can.

What I hope is that Mt. Gox has this same interest in the good of Bitcoin, and Bitcoiners, and finds a way to work this out.

So, what's next? I hope that we'll be able to provide some good news on that front soon, from a financing and technology perspective at the very least, and ideally with news that we've settled this dispute. In the interim, my biggest hope is that Mt. Gox does an excellent job keeping Bitcoiners safe and liquid and trading on the exchange.

Peter Vessenes

hero member
Activity: 504
Merit: 500
WTF???
mtgox shot themselves in the foot on this one.

I'm surprised Gox has any foot left to shoot at all at this point...

Did Gox just Goxed themselves?
hero member
Activity: 518
Merit: 500
mtgox shot themselves in the foot on this one.

I'm surprised Gox has any foot left to shoot at all at this point...
hero member
Activity: 504
Merit: 500
WTF???
So either they did something brilliant or both teams should fire their attorneys because they are idiots.

I'm going with your second choice.

Just since I didn't really choose one, I do too. That contract was crazy. Someone thinks they are smart, but both of them do not have adequate legal counsel.

We need a lawyer4btc.com and give some people real advice lol.
sr. member
Activity: 476
Merit: 250
So either they did something brilliant or both teams should fire their attorneys because they are idiots.

I'm going with your second choice.
hero member
Activity: 504
Merit: 500
WTF???
Quote
K. Liquidated Damages. Both Parties hereby agree that it may be impossible to determine the monetary harm
suffered by the non-breaching Party in the event that MtGox breaches section F.l or in the event that CoinLab breaches
section F.2 and that therefore, after careful consideration, the Parties agree that reasonable damages for such breach
shall be $50,000,000 USD, an amount the Parties agree is reasonable and fair given the nature of the Agreement

Holy shit. Who in their right mind would sign that when the section above in J shows year 1 and 2 being under a half million? It applies to both parties and is the stupidest thing they both ever signed. If anything, coinlabs put that in their. Their F2 is a 2 year thing, F1 is MtGox responsibility for the entire term. So either they did something brilliant or both teams should fire their attorneys because they are idiots.
legendary
Activity: 1493
Merit: 1003
Besides making many announcements and now suing Mt.Gox - have CoinLab actually helped Bitcoin in any way?

Have they done anything at all?

For such a clever group, I would expect more.
Agree
sr. member
Activity: 298
Merit: 250
Sounds as if coinlab just wants out of the contract. With all the problems with mtgox they are better off starting off from scratch. 60% of existing revenue from existing US costomers and 40% of new customers to go to mtgox is a pretty bad deal for coinlab when they can cobble up a much better exchange in the matter of weeks and take 100% of the profits.

That would be an interesting development.
hero member
Activity: 669
Merit: 500
Sounds as if coinlab just wants out of the contract. With all the problems with mtgox they are better off starting off from scratch. 60% of existing revenue from existing US costomers and 40% of new customers to go to mtgox is a pretty bad deal for coinlab when they can cobble up a much better exchange in the matter of weeks and take 100% of the profits. mtgox shot themselves in the foot on this one.
newbie
Activity: 42
Merit: 0
Well they can definitely challenge the courts jurisdiction on the matter, and it would be up to CoinLab to prove that Mt. Gox was doing buisness in Seattle (Washington Western District).  It sounds like Mt. Gox doesn't want to sell off its US customer base, at least not yet.

It is very unlikely they can challenge it successfully.  The contract contains a choice-of-forum provision specifying King County Washington and agrees to personal jurisdiction.

It's at least somewhat likely Gox can win there or anywhere, though.  We'll need to know more details before that can be judged, though.

Specifically:

Quote
7.  The Agreement provides that the Defendants “irrevocably consent to the personal jurisdiction of and venue in the state and federal courts located in King County, Washington with respect to any action, claim or proceeding arising out of or relating to this Agreement.”

8.  The Agreement provides that it shall be governed, construed and interpreted inaccordance with the laws of the State of Washington.

Such choice-of-forum and choice-of-law provisions are routinely enforced.

True.  I stand corrected.  I missed that section of the contract.
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