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Topic: Nefario GLBSE - page 10. (Read 28552 times)

hero member
Activity: 756
Merit: 522
September 25, 2012, 05:20:56 AM
An offer does not constitute a contract, and would require shareholder approval before it could go through. Nothing violated.
I'm afraid that's not true because in this case, there is detrimental reliance sufficient to create promissory estoppel.

"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires." -- Second Restatement of Contracts

http://legal-dictionary.thefreedictionary.com/Promissory+Estoppel
"Certain elements must be established to invoke promissory estoppel. A promisor—one who makes a promise—makes a gratuitous promise that he should reasonably have expected to induce action or forbearance of a definite and substantial character on the part of the promisee—one to whom a promise has been made. The promisee justifiably relies on the promise. A substantial detriment—that is, an economic loss—ensues to the promisee from action or forbearance. Injustice can be avoided only by enforcing the promise.
A majority of courts apply the doctrine to any situation in which all of these elements are present."

It appears in this case, a promise was made. The promise was relied upon to the detriment of those who relied on it. This reliance was foreseeable and should have been reasonably expected to increase the value of the outstanding shares. However, what the consequences of this should be is a closer question. Enforcing the promise would mean that the promisor would be liable for damages for breach of the promise.

This'd seem to run against the shield-not-sword doctrine tho.
legendary
Activity: 1428
Merit: 1000
September 25, 2012, 05:17:51 AM
You might not be up to date but Nefario delisted all of my assets, closed my GLBSE account, took my shares and has my BTC.

if he keeps your btc thats simply stealing and he deserves a scammer tag.

but: i dont believe he plan to keep them. nefario sometimes acts a little strange but i am sure he wont steal.
legendary
Activity: 1652
Merit: 1128
September 25, 2012, 05:06:32 AM
What were the exact words he said when he made the listing "legitimate"?

I would have to look it up but there are many people who know Nefario said he would make them "legitimate". Nefario even admitted it in this thread.

Humor us and post quotes/links.
sr. member
Activity: 377
Merit: 253
September 25, 2012, 05:04:12 AM
Nefario on GLBSE took over an asset called "GLBSE" that he assumed was a scam. He then let this stock trade and said that they would become valid GLBSE stock. He let this stock trade over 10 BTC each. GLBSE profited form the sale of these stocks because of commissions collected.

Nefario has the option to trade his real valid GLBSE stock for the "fake" GLBSE stock he said he would make good but he is now going to do a force by back of the shares for .1 BTC. That is less than 1% for what they were trading for.

Could someone confirm that (upper quote?)?
Especialy Nefario isn't above true? or there is sth. important missing?


Because if it is true I have to agre with the other part:
Anyone wouldn't?

I bought and held GLBSE and invested my time in GLBSE because I was told that I was a part owner. I was tricked, cheated and more or less scammed.


Nefario could trade me his real stock but refuses to do so and will just steal my GLBSE assets with out my consent.


If you make good on your word and trade me real GLBSE stock you will keep your word. If you "force" me to sell you will be stealing my asset.

 


I am trying to understand what is going on with this but am having a difficult time deciphering the problem.

So there was to be a GLBSE asset that was going to be nefario's and people bought shares, but now it is being said that the GLBSE listing was actually fake?

Now nefario won't use his omnipotent powers of TOS rules or "vetting" to correct the situation, but is instead saying that he can't make changes because of voting? Is this for voting on the "fake" GLBSE or for the real one? Is there a "real" GLBSE listing? Is the "fake" listing still active?

No none of that is correct.  GLBSE has never been publicly traded.  Foolishly nefario never blocked the ticker symbol GLBSE.  Another scammer, registered a contract under the ticker GLBSE and sold about 30 BTC worth of shares before it was delisted.   At this point neither the fake listing nor the real GLBSE shares are available for trade.   Anyone who had fake GLBSE shares at the point it was delisted has them in their accont.  They can be transfered to another account. 

Goat has some (? number) of shares of the fake stock.  He knew they were the fake stock when he bought them, he knows they are the fake stock now.  He ripped off other users selling what he knew was fake stock for 10 BTC a share (a 10,000% profit for himself).  Nefario has said the fake GLBSE shares will be removed from everyone's accounts and they will be given the IPO price (0.1 BTC).  Goat (the only scammer in the thread) calls that a scam.

You mised that than in the meantime Goat was told that fake shares will be real.
And that makes you making mess here and trying to make mess.


(...) Nefario has said the fake GLBSE shares will be removed from everyone's accounts and they will be given the IPO price (0.1 BTC). (...)

Personally, paying 0.1 is too much for them, it's like rewarding exploiters. Even after Nefario told those were fake shares, there are still individuals wanting to exploit his good-will for maximum profit. Incredible!

Just human.

There was some huge mistake and not by Goat but by Nefario, and now you are saying that using someones mistakes is what?


I don't really understand where the debate is. Because Nefario doesn't have the authority to honor his word means that he is 'all good'?

My understanding:

He acknowledged the shares were fake, but agreed to 'honor' them, making them real GLBSE stock

Goat then buys it, thinking that it will become real stock

Nefario cannot make it stock, because he assumed he had more power than he did. Obviously, he could have known he cannot just 'make more stock'

Now to clean it all up, the fake, but then real, but now fake again stock is being bought back for the initial IPO listing price?


However, at the same time, I feel that if it sounds too good to be true, it probably is. It would be like going to a car dealership and being offered a price that is too low. Being told You are paying $$$$, but the contract says $$$$$. Would the dealership be a 'scammer'?
Obviously yes.

+1 because of that


Nefario didnt scam the people Goat sold the shares to for 10btc. Goat scammed them.

Did he lay anyone?
So he didn't scam anyone.

If someone laying and even do not try to come true his lays, than he is scamer.


Nefario didnt scam the people Goat sold the shares to for 10btc. Goat scammed them.

This seems to be an unfounded accusation.  Do you have some evidence that he acted in less than good faith?

If Goat had inside information that the Nefario would not honor his word, but that information wasn't also available to the people he sold them to, I could see it.  But your dislike of profit doesn't seem sufficient.

It's about reasonable expectation.  Goat knew damn well, there was never a reasonable expectation for the fake shares to be worth that. The fact he convinced others of that value changes nothing.

And the damn GLBSE ticker shold ahve been fuggin frozen 7 months ago when this was first talked about...

I will agree with that. It allowed Goat to take advantage of people.

So can't you blame Goat that he used that.
He used people according to rules.
And rules are more important than someone losses.



Goat might be a douche for wanting Nefario to buy them for 10 BTC each, but that doesn't make him a scammer, and more than Nefario's mistaken statement about honoring them makes him a scammer.


Well said and true for me.


The issue is a voluntary buyback doesn't resolve the issue of people like Goat committing fraud in the future trying to sell the worthless shares for 10, 100, 1,000 BTC, and then the people saying why didn't GLBSE prevent this.  This all came up again when there was a thread where people were once again attempted to unload the worthless shares.

Meh.  Just re-list them, with a big notice on the details page that they are only collectors items with no inherent value, and not actual shares in any company, certainly not in the exchange itself.  Then when GLBSE goes public, they can take the ticker GLBSE2, as a history lesson, and a reminder that mistakes can have long lasting and far reaching consequences.

Many of us that are involved with bitcoin are doing so because we find depriving people of their rightful property distasteful.  GLBSE should consider very carefully what messages they want to send to their customers.  Some of us are already uncomfortable that all shares are held in street name.  Well, worse than street name, actually, since a single entity is acting as both brokerage and exchange.  This is an opportunity to show that GLBSE respects the ownership of the properties that it is custodian of, even when it hurts.

Also, love your loaded phrasing.  Classic.


You may not do anything legally wrong here.

But  you proof again that it is very dangerous to do business with you.

You show that if business doesn't work out the way you expected you will search for every possible loophole to screw you business partner.

Showing this kind of behavior may be the deathblow to your already damaged reputation.

Brutal true - I would prefer to do business with Goat rather than with Nefario, because he is brutal, and do not lay.
It,s just Nefario is the person who want to cheat because he want to take profit (by not giving his shares as the only honest solution exists now (including talking other shareholders to let him do that))



I didn't mean that Goat doesn't honor his contract. I mean the opposite. Goat takes contacts and even things said to a level where it just isn't reasonable by common sense anymore.

Just see this thread, or the thread where he tries to get shares on bitcoin magazine.

That's all I meant. I'm still confident that goat will honor all his contracts. I would be carefully if I deal directly with him, or if he would be shareholder of my business, though.

You should be carrefoul when you deal with anyone, rather than to behave as Nefario.
legendary
Activity: 1232
Merit: 1001
September 25, 2012, 05:02:38 AM
Goat:

GLBSE is a startup and always when you start something new some mistakes are made.

I take it you did even make a huge Profit (in %) trading these shares so on the contrary to the people who bought this shares from you, no financial damage was done to you.

I don't here the people who where damaged by this scam complaining.

Couldn't you just call this a mistake and leave it be?

Must you really fight this to the bitter end? This whole thing has already escalated to much.

Just think for a moment of the possible outcomes if you go through with this to the bitter end:

  • Nefario gives in --> You can keep you shares, but trading gets frozen and a warning added that this are not real GLBSE shares (so no naive noob buys them
  • Nefario "wins" --> You loose you shares and get nothing
  • You "win" --> Nefario gets a Scammer tag, you still get nothing, but you destroyed the most promising BTC Stock exchange

(I now I'm overdrawing a little)

Or you just give in and walk out of this with a profit, whats the harm in that?
legendary
Activity: 1596
Merit: 1012
Democracy is vulnerable to a 51% attack.
September 25, 2012, 03:53:20 AM
An offer does not constitute a contract, and would require shareholder approval before it could go through. Nothing violated.
I'm afraid that's not true because in this case, there is detrimental reliance sufficient to create promissory estoppel.

"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires." -- Second Restatement of Contracts

http://legal-dictionary.thefreedictionary.com/Promissory+Estoppel
"Certain elements must be established to invoke promissory estoppel. A promisor—one who makes a promise—makes a gratuitous promise that he should reasonably have expected to induce action or forbearance of a definite and substantial character on the part of the promisee—one to whom a promise has been made. The promisee justifiably relies on the promise. A substantial detriment—that is, an economic loss—ensues to the promisee from action or forbearance. Injustice can be avoided only by enforcing the promise.
A majority of courts apply the doctrine to any situation in which all of these elements are present."

It appears in this case, a promise was made. The promise was relied upon to the detriment of those who relied on it. This reliance was foreseeable and should have been reasonably expected to increase the value of the outstanding shares. However, what the consequences of this should be is a closer question. Enforcing the promise would mean that the promisor would be liable for damages for breach of the promise.
hero member
Activity: 532
Merit: 500
September 25, 2012, 03:19:28 AM
That asset was listed on the GLBSE assets page for MONTHS. There was ample time to remove it if it was a scam asset. All shares purchase should be honored by the current shareholders of GLBSE, or the whole lot of them are scammers in my book.
hero member
Activity: 686
Merit: 500
Wat
September 24, 2012, 11:28:24 PM
Question...  What would Nefario have gained by a deliberate lie?
He gained not having to pay back the people who bought "GLBSE" shares on his exchange as a result of his screw-up. He also gained transaction fees on the GLBSE asset. (Also, the trust of the community by virtue of "doing the right thing", which would make it rather appropriate if he lost that trust again after it turned out he couldn't actually fulfil his generous offer.)

Arguably you're asking the wrong question though. Perhaps what you should be asking is what others lost as a result of his actions - how much direct financial loss did Goat and the other holders of "GLBSE" suffer as a result of sinking Bitcoins into something that turned out to be worth far less than he claimed.




No one is talking about the loss glbse shareholders suffered as a result of the creation of a fake asset.
sr. member
Activity: 333
Merit: 250
September 24, 2012, 05:40:14 PM
Thank you for admitting you made this offer. Now why did you think you could make that offer if you were bound by the GLBSE contract? Did you not understand the contract or did you just trick me?

From the outside, you would help your case by not over-simplifying and polarizing this issue any further.

Did you consider that the offer was made as an offer to convince the shareholders to help everyone out?  According the bylaws I just read, a shareholder vote is required to sell shares to non members.

You haven't even mentioned the original issuer of the shares as complicit in any wrong doing.  This is where the scam happened.  Everything after is speculation.

Its pretty clear that the offer you've been given was made in good faith to help you and others in your situation.

Assets get frozen and cancelled on stock exchanges all over the world.  It sucks.  Its part of the risk of trading.


hero member
Activity: 686
Merit: 564
September 24, 2012, 05:25:07 PM
Question...  What would Nefario have gained by a deliberate lie?
He gained not having to pay back the people who bought "GLBSE" shares on his exchange as a result of his screw-up. He also gained transaction fees on the GLBSE asset. (Also, the trust of the community by virtue of "doing the right thing", which would make it rather appropriate if he lost that trust again after it turned out he couldn't actually fulfil his generous offer.)

Arguably you're asking the wrong question though. Perhaps what you should be asking is what others lost as a result of his actions - how much direct financial loss did Goat and the other holders of "GLBSE" suffer as a result of sinking Bitcoins into something that turned out to be worth far less than he claimed.

sr. member
Activity: 574
Merit: 250
September 24, 2012, 05:15:48 PM
Nefario... you might want to condition that with "Fuck you, and all offers are off the table for all fake assets that you may have come into possession at any time." Otherwise this silly asswipe is going to continue to generate hundreds of repetitive posts about how he has been savaged by your application of common sense, the bylaws of the asset you own a part of, and basic good business practice.

Just kill the worthless GLBSE Fake. No buyouts, no compensation, no favors because assholes like Goatse will always want more and more and will never be satisfied, and quite frankly, the world is tired of listening to his histrionics. He needs to find some counterfeit Thai Midol and chill the fuck out, the world has no need to experience his period with him.
hero member
Activity: 602
Merit: 513
GLBSE Support [email protected]
September 24, 2012, 04:52:52 PM
hero member
Activity: 602
Merit: 513
GLBSE Support [email protected]
September 24, 2012, 04:40:05 PM
I never said you would get more stock in the future, we did talk about you becoming a GLBSE investor but that came to nothing, you kept changing your mind and the accusing me of stuff.

See a doctor.



You said a deal would be made if I did not list on other exchanges. This was when you froze Kludges account and assets because you feared he would make a new stock exchange. But that is not the topic here.

You said you would force the sale of my property and that is theft. We all now this...

See a lawyer.

You said you'd think about it and never gave me an answer. Thats not a deal.

Thank you for admitting you made this offer. Now why did you think you could make that offer if you were bound by the GLBSE contract? Did you not understand the contract or did you just trick me?

An offer does not constitute a contract, and would require shareholder approval before it could go through. Nothing violated.
hero member
Activity: 602
Merit: 513
GLBSE Support [email protected]
September 24, 2012, 04:30:30 PM
I never said you would get more stock in the future, we did talk about you becoming a GLBSE investor but that came to nothing, you kept changing your mind and the accusing me of stuff.

See a doctor.



You said a deal would be made if I did not list on other exchanges. This was when you froze Kludges account and assets because you feared he would make a new stock exchange. But that is not the topic here.

You said you would force the sale of my property and that is theft. We all now this...

See a lawyer.

You said you'd think about it and never gave me an answer. Thats not a deal.
sr. member
Activity: 252
Merit: 250
September 24, 2012, 04:28:56 PM
See a lawyer.

Oh shit. Are you going to peruse this loss of maybe a couple hundred dollars as aggressively as you did the tens of thousands lost to pirate? Watch out Nef, you might get a phone call in 30 years. 
hero member
Activity: 602
Merit: 513
GLBSE Support [email protected]
September 24, 2012, 04:15:29 PM
I never said you would get more stock in the future, we did talk about you becoming a GLBSE investor but that came to nothing, you kept changing your mind and the accusing me of stuff.

See a doctor.

vip
Activity: 840
Merit: 1000
September 24, 2012, 04:08:53 PM
So "fake"/"fraudulent" GLBSE shares were listed but also still remain listed and traded?
And, the "real" shares in the GLBSE are not actually traded on the GLBSE?

They are no longer listed or tradeable on the exchange.  They can be "traded" off the exchange by using the transfer function (transfer assets from one account to another account).

This is correct.

Nefario however let the "fake" GLBSE trade for months after he said they would be converted to real GLBSE assets.

I now hold "fake" GLBSE stock and do not consent to them being sold to Nefario for .1 BTC      Nefario needs to just leave them alone as I value them more than he does.

I backed you up before on another issue but I can not on this one.  You are trying to TAKE ADVANTAGE of the situation that others are willing to make right.

You already made a profit on your 'fake' shares, no matter what you were told about if they were real or not.  Nefario is willing to buy back the rest at MORE THEN YOU PAID.   Your only cling onto any point at all is that you sold a small number of shares to someone else at a higher price.  You can not count that as a 'lock in' for the value of your remaining shares.  You are not being given a free put or call here. 

Nefario/glbse would be acting fairly if they just made everyone who invested in those fake shares whole at the IPO level and because you are already at a profit you do not need to be made whole anymore. 


I feel that because of the time I invested in GLBSE because I was told I was an owner and would even get more stock in the future is greater than the BTC that I made trading my property.

I did things because Nefaio told me I would get things... I never got these things and now he wants to take what I have left...

Why can he not just leave my asset that he does not value alone? Why does he need it so bad he has to steal it?

legendary
Activity: 1386
Merit: 1004
September 24, 2012, 04:03:07 PM
So "fake"/"fraudulent" GLBSE shares were listed but also still remain listed and traded?
And, the "real" shares in the GLBSE are not actually traded on the GLBSE?

They are no longer listed or tradeable on the exchange.  They can be "traded" off the exchange by using the transfer function (transfer assets from one account to another account).

This is correct.

Nefario however let the "fake" GLBSE trade for months after he said they would be converted to real GLBSE assets.

I now hold "fake" GLBSE stock and do not consent to them being sold to Nefario for .1 BTC      Nefario needs to just leave them alone as I value them more than he does.

I backed you up before on another issue but I can not on this one.  You are trying to TAKE ADVANTAGE of the situation that others are willing to make right.

You already made a profit on your 'fake' shares, no matter what you were told about if they were real or not.  Nefario is willing to buy back the rest at MORE THEN YOU PAID.   Your only cling onto any point at all is that you sold a small number of shares to someone else at a higher price.  You can not count that as a 'lock in' for the value of your remaining shares.  You are not being given a free put or call here. 

Nefario/glbse would be acting fairly if they just made everyone who invested in those fake shares whole at the IPO level and because you are already at a profit you do not need to be made whole anymore. 
kjj
legendary
Activity: 1302
Merit: 1026
September 24, 2012, 03:45:30 PM
Question...  What would Nefario have gained by a deliberate lie?
What would he gain by a forced sale of my asset?

What I was getting at was that you are calling for a scammer tag, but it is hard to see what the "scam" would have profited him.  If there was a "mistake-er" tag on these forums for people that make mistakes, I think that might apply in this case, but from what I've seen, it seems pretty conclusive that the scammer tag does not.
kjj
legendary
Activity: 1302
Merit: 1026
September 24, 2012, 03:35:15 PM
Question...  What would Nefario have gained by a deliberate lie?
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