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1001  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 02:01:21 PM


Not really relevant, it's the person who accepts and transmits the funds provides a service, for which the acceptance and transmission of funds is integral, and that's why they have to specifically exclude "money transmission service" from the service that can be provided.
You don't make sense. Re-read what I wrote, it'll sink in.

To help a stupid guy understand better, can you confirm to me using my analogy: would you consider a multi-currency platform buying/selling(matching orders between different customers) apples, with the apples possible to be delivered at any time by the instruction of the customer, to be a money transmission service? If not, what's the difference?


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And you are a bit over yourself, Gox could have eaten dirts a long time ago(it's quite a surprise that the authorities did wait for 2 years), have he really planned that, I could only say Mark is a bit....overoptimistic.
Like I said, mtgox did in fact eat some dirt in France in 2011. Like I said for the exact same reasons.
Do your homework, google it.

About the only thing showed up for "CIC v MACARAJA" is the Bitcoin talk post in which MK tried to explain why they have done nothing wrong.
1002  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 01:26:07 PM
(F) Accepts and transmits funds only integral to the sale of goods or the provision of services, other than money transmission services, by the person who is accepting and transmitting the funds."
That would have been true if mtgox sold you Bitcoins directly, which wasn't the case since they aren't counterparty to the transactions (see their ToS, it's also plain common sense)


Okay, it's a platform providing service of buying/selling bitcoins, still would have fallen in the category.

Still not. Dwolla is MtGox's financial services provider, not the other way around. The proper way would have been :
 - All US customer funds held at Dwolla,
 - Your MtGox USD balance being merely a simple display of your personal Dwolla balance
 - MtGox moving USD around *among Dwolla accounts*

If not it doesn't fall in the "simple technical provider of a licensed financial entity" category.

And again MtGox wasn't transferring funds in order to sell Bitcoins directly, but to intermediate the sale and purchase of Bitcoins. And no, the fact that the money transmission was relevant to a sale doesn't apply here, re-read what you quoted and see the little detail : "by the person who is accepting and transmitting the funds."

Is it clearer this way ?

Not really relevant, it's the person who accepts and transmits the funds provides a service, for which the acceptance and transmission of funds is integral, and that's why they have to specifically exclude "money transmission service" from the service that can be provided.


Guess what, it could perfectly have been planned. Because for one you just need to use your brain to figure it out, and oh, I also discussed this very topic with Mark in... wait for it... July 2011.

Any questions ?

Yes, it's in French.

And you are a bit over yourself, Gox could have eaten dirts a long time ago(it's quite a surprise that the authorities did wait for 2 years), have he really planned that, I could only say Mark is a bit....overoptimistic.
1003  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 12:57:35 PM


(F) Accepts and transmits funds only integral to the sale of goods or the provision of services, other than money transmission services, by the person who is accepting and transmitting the funds."
That would have been true if mtgox sold you Bitcoins directly, which wasn't the case since they aren't counterparty to the transactions (see their ToS, it's also plain common sense)


Okay, it's a platform providing service of buying/selling bitcoins, still would have fallen in the category.

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What is even more naive is to believe that rules don't get bent over multi-million dollar market shares. Especially if MK had the intention to sell his US activity to coinlab. You can get away if you lie, but you need to have an exit strategy. Obviously the exit strategy failed.
What do you think this coinlab deal was about ? Yes that's right, it was good for coinlab because they'd have bought a good source of revenue, and it would have been excellent for mtgox because it would have allowed them to move out of the US market and this legal nightmare.

None of this he could have planned back in May 2011. Back then Dwolla was probably Gox's greatest payment service provider, if the same thing had happened then Gox would have been finished.
1004  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 12:47:37 PM
http://www.fincen.gov/statutes_regs/guidance/html/FIN-2013-G001.html

"An exchanger is a person engaged as a business in the exchange of virtual currency for real currency, funds, or other virtual currency."

A guidance is not a piece of law.
1005  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 12:05:36 PM
Actually, the purpose of this post, as the title stated, is to point out that, although Gox has proved to be incompetent in many cases, Karpeles has actually always been quite serious with legal affairs, it's naive to believe that he did think he can blatantly lie and get away, he must have had reasons to believe that Gox is not a money service business and he should not need to register.
1006  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 11:56:35 AM
Hopefully MtGox will have the resources (and spine) to fight it out.

I have the same hope, but the problem is they probably don't, based on what I have seen. Gox has always been like:'Let me run the exchange and leave me alone!"
1007  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 11:48:39 AM
No, the evidence DHS presented to the judge is how a CI sends USD to Gox to exchange it to BTC and exchange it back to USD for six months, obviously they are targeting BTC specifically as a currency. And did you see that they only call Gox a "digital currency exchange" immediately after they call BTC a "digital currency"? Some smoke-screen is going on here.
They didn't say the Bitcoin side of things was relevant at all. You assumed that.
What is relevant is the unlicensed money transmission. Read it again, it is written very clearly.

I don't think you can consider a multi-currency platform buying/selling apples as a currency exchange/money transmitter,  even if it's being done somehow implicitly, what's really being bought/sold is more important than anything else.
It performs a currency exchange each time it matches orders with different currencies. That is factual.
Whether random people on the internet think it is important or not doesn't change that.
It is not because some X thing is judged more important than some other Y thing that the Y thing immediately disappears.

If you want to discuss legalities it's best to remain factual.

The exceptions in the code specifically stated that if you:

(A) Provides the delivery, communication, or network access services used by a money transmitter to support money transmission services


(F) Accepts and transmits funds only integral to the sale of goods or the provision of services, other than money transmission services, by the person who is accepting and transmitting the funds."

you are not a money transmitter service, I think that's where Gox falls in? Bitcoin is just the goods/service Gox sells, not too different from apples actually.
1008  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 11:12:24 AM
1. The warrant itself never mentions other foreign currencies.
So what, it mentions "currency exchange" which is what my point is about, they exchange currency automatically because their trading engine is built that way, USD orders could match EUR orders and it would transparent for the users.

Which is technically brilliant, but legally stupid.


No, the evidence DHS presented to the judge is how a CI sends USD to Gox to exchange it to BTC and exchange it back to USD for six months, obviously they are targeting BTC specifically as a currency. And did you see that they only call Gox a "digital currency exchange" immediately after they call BTC a "digital currency"? Some smoke-screen is going on here.

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See previous comment, you miss the detail, their engine does it *automatically*.

I'm not saying that it's what they're being charged for, but it's one of the things they *could* be charged for if a judge bother to look into the details.


I don't think you can consider a multi-currency platform buying/selling apples as a currency exchange/money transmitter ,  even if it's being done somehow implicitly, what's really being bought/sold is more important than anything else.
1009  Bitcoin / Press / Re: 2013-05-15 [ARStech] Feds reveal the search warrant used to seize Mt Gox account on: May 16, 2013, 10:55:59 AM
So someone intentionally made false declaration when opening a bank account. That's illegal anyway, no matter it's related to btc or not

There is a plausible defense for the statement in 2011.  Nobody anywhere in the government (any government) had made any type of guidance, determination, or regulation regarding Bitcoin being a currency or that a Bitcoin exchange was a MSB or money transmitter.  Now not registering as a MSB AFTER FinCEN released its guidance in March 2013.  Well that is another story.  Not sure why MtGox didn't do that or how they expected FinCEN to simply ignore their lack of registration.

Government regulation specifically defined "currency" as something issued by a government,  a guidance is not a piece of law.
1010  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 10:34:33 AM
Gox cannot be called a currency exchanger or dealer because it doesn't deal in foreign currencies, you cannot exchange dollars for other currencies on Gox directly

I think you are wrong, their multi-currency engine does it implicitly.
Devil is in the details.

1. The warrant itself never mentions other foreign currencies.

2. After you have bought bitcoins on Gox, there is nothing they can do to stop you from exchanging it for other foreign currencies. The exchange cannot prove that the buyer/seller are the same person. And this is at best something Gox facilitates, not participates in, the site is not built to serve and profit from this purpose, so the first thing the government should do when they find soemone is using Gox to exchange currencies is to inform them to take actions against such users, not just forfeiting their account.
1011  Bitcoin / Legal / Re: Did Karpeles lie? on: May 16, 2013, 10:16:43 AM
I was just reading the seizure PDF, and the judge is probably a DHS rubber-stamper; if she didn't sign drone strikes, wiretaps, and seizures daily, she would be replaced.

The evidence presented that mtgox is a money transmitter fails analysis. It is an assault on personal property without trial or process. I could make the same statements:

deepceleron has a bank account,
he regularly sends money to paypal account with the moniker gay-love-supplies,
the paypal money is transmitted to customers in exchange for goods,
a confidential informant had money transmitted to him in exchange for one used inflatable sheep. The informant then transmitted the money back to the account holder in exchange for "TSA anal lube".

Therefore based on my training and experience, deepceleron is a money transmitter and the contents of his accounts are subject to forfeiture.



Yes, and if deepceleron complains about this "due process" he can stand in the queue behind the Benghazi widows, Tea Party activists and AP journalists.


And surprisingly, the great majority of gay community support the FED and consider it a solid case, because deepceleron has screwed them by processing their orders slowly, so he must be a loser/liar.
1012  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 10:09:53 AM
Joel, you didn't carefully read my previous posts. Wink I consider it fair if Bob got defrauded if he only trust Eve on his UNL. My concern is that, even if Charlie later joined Bob's UNL, Bob still can't tell if Eve was lying, if he trust both Charlie and Eve equally.
The network is broken if there is no network consensus ledger. If there is a network consensus ledger, Charlie can't join anything without signing it. (This isn't 100% true, but the effect is the same. He can actually join slightly before he signs it, but only by participating with existing validators in figuring out the next network consensus ledger following a valid one.)


I meant it as it's broken, what Eve bets on is that he can help Mallory defrauds Bob, by breaking the network, and even if Bob checks with Charlie, he still can't prove Eve lied, so the cost of doing evil is small.
1013  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 10:03:31 AM
THen why is UNL also important?
The UNL determine which validators you listen to.

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After all, Bob will not accept the transaction if there is no network consensus(I did imply Bob has only Eve on his UNL)
It sounds like you're asking if horribly broken inputs will produce horribly broken outputs. The answer is yes.

Joel, you didn't carefully read my previous posts. Wink I consider it fair if Bob got defrauded if he only trust Eve on his UNL. My concern is that, even if Charlie later joined Bob's UNL, Bob still can't tell if Eve was a liar, if he trust both Charlie and Eve equally.
1014  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:57:46 AM
How many XRPs did Ripple bribe you to post such poor defense.
I have just over one million XRP.

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What's so open about Ripple at the moment?
The protocol is documented. The transaction formats are document. The client is open source. All transactions are published along with the precise changes they've made. All network state is public. The network requires no central authorities. Pretty much all technical questions about the network's internals are answered. You don't need OpenCoin's, or anyone else's, permission to open an account (assuming you have $1), operate a gateway, operate a bot, perform transactions, and so on. While OpenCoin could attempt to exercise operational control over the network, OpenCoin has never done so and never intends to do so. (Other than to add features, change reserve levels, and so on to maintain the network. But never to target an individual or group.)


Please show me where the protocol is documented, Joel, I don't consider the wiki to be proper documents.(as you have admitted, something there are terribly outdated)
1015  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:52:54 AM
So essentially, if Charlie and Eve refuse to agree with each other, no transaction will ever be "processed"?
That's correct. If we assume one of them is honest and the other one is dishonest, then the honest node has only dishonest validators on its list and the entire rest of the world is colluding against it. It would be crazy to trust the results of a transaction under those circumstances.

Ripple prefers to fail by telling you that it can't meet its requirements rather than silently letting you rely on results that are in fact unreliable.


THen why is UNL also important? After all, Bob will not accept the transaction if there is no network consensus(I did imply Bob has only Eve on his UNL)
1016  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:44:29 AM
Yes, but if Charlie is not on Bob's UNL, Bob will deliver goods to Mallory before it's too late, because Eve says OK, which is fair, since Charlie was not on the UNL. But the problem is, even if Bob adds Charlie later and being told by him that Mallory was doing double-spending, he still can not decide which one, Charlie or Eve, was cheating. Tell me if I was wrong.
Validators don't tell you that someone was double spending. Validators don't validate transactions. All validators do is work cooperatively to agree on candidate transaction sets and sign the network consensus ledger. Bob will not deliver anything to anyone until the transaction is in the network consensus ledger and the majority of validators have committed to it. If there is not a single network consensus ledger that has a clear majority of validators, nobody will consider any transactions validated.

So essentially, if Charlie and Eve refuse to agree with each other, no transaction will ever be "processed"?

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You're presuming a new validator has somehow come with a new ledger. They can't do that.

Oh I didn't, all I talk about is the "current" set of transactions, prior ledgers are identical on both Charlie and Eve.
1017  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:36:44 AM
So basically, Bob's client will check if Charlie agrees with Eve, even if Charlie is not on his UNL?
Bob's client will determine the network consensus ledger and consider the transaction validated if it's either in that ledger or in a prior ledger. The network consensus ledger is determined by checking valdiations which sign the hash of the entire ledger. The exact method is a little complicated and has a few different cases, but the basic idea is that you're looking for a ledger that has been validated by significantly more than half of the validators on your UNL. Until you can find such a ledger that includes the transaction (possibly in a prior ledger) you do not consider the transaction validated.

Yes, but if Charlie is not on Bob's UNL, Bob will deliver goods to Mallory before it's too late, because Eve says OK, which is fair, since Charlie was not on the UNL. But the problem is, even if Bob adds Charlie later and being told by him that Mallory was doing double-spending, he still can not decide which one, Charlie or Eve, was cheating. Tell me if I was wrong.
1018  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:28:31 AM
Point is, you don't know which one comes "prior" to whom, there is network propagation time difference, Mallory will try to send nearly simultaneously.
Right, that's why there's a consensus process. The network comes to a consensus on a set of candidate transactions. Whichever transaction first gets included in such a set "wins", unless both do in which case a deterministic rule chooses the winner.

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And what is "network consensus"? If it's only Charlie and Eve, they are the network.
A network consensus is a consensus of the entire network as a whole. If Charlie and Eve are the network and reach a consensus, then that's a network consensus. Until Charlie and Eve reach a consensus, neither of them will consider any transactions confirmed.

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I think it's you who misunderstood what I said.
I guess so.

So basically, Bob's client will check if Charlie agrees with Eve, even if Charlie is not on his UNL? Or will Charlie stop working because he is the only honest validator left(assume he just represents 50% of the network)
1019  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:16:33 AM
Mallory wants to double spend, so she sends a transaction to Alice, with Charlie as the validator, while sending a conflicting one to Bob, with Eve, her colluder, as the validator, which both Mallory and Bob trusts.
Oh, wow. No, you totally misunderstand the process. Validators validate *ledgers*, not transactions. A ledger contains the total state of the entire Ripple network.
http://bitcoin.stackexchange.com/a/7563/85

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Now Charlie gets his version of the transaction and ask Eve whether she has anything conflicting, Eve said no, but refuses to sign Charlie's version of the ledger, Charlie decides to not trust Eve anymore. But the problem is, Bob still trusts Eve, and happily accepts Eve's version of ledger. One day, Bob decides to verify with Charlie, and Charlie tells Bob his version of the story, Bob is surprised and turns to Eve, but Eve claims to never have received anything about a conflicting ledger from Charlie, instead, it's Charlie who refused to sign Eve's version of ledger without a reason, that way, Bob can't tell which one is a liar, Charlie or Eve, unless he initially trusted both on his UNL, which he shouldn't need to simply because Charlie validates Mallory's transaction to Alice.
That's not at all how Ripple works. You treat a transaction as confirmed if it's in the network consensus ledger or any prior ledger.


Point is, you don't know which one comes "prior" to whom, there is network propagation time difference, Mallory will try to send nearly simultaneously. And what is "network consensus"? If it's only Charlie and Eve, they are the network.

I think it's you who misunderstood what I said.
1020  Economy / Service Discussion / Re: Why Ripple™ is against everything Bitcoin on: May 16, 2013, 09:07:12 AM
Seems to me that, not just both sides of a transaction, but everyone who is two degrees of separation away, should share some overlapping validators.

Consider this:

Mallory wants to double spend, so she sends a transaction to Alice, with Charlie as the validator, while sending a conflicting one to Bob, with Eve, her colluder, as the validator, which both Mallory and Bob trusts.

Now Charlie gets his version of the transaction and ask Eve whether she has anything conflicting, Eve said no, but refuses to sign Charlie's version of the ledger, Charlie decides to not trust Eve anymore. But the problem is, Bob still trusts Eve, and happily accepts Eve's version of ledger. One day, Bob decides to verify with Charlie, and Charlie tells Bob his version of the story, Bob is surprised and turns to Eve, but Eve claims to never have received anything about a conflicting ledger from Charlie, instead, it's Charlie who refused to sign Eve's version of ledger without a reason, that way, Bob can't tell which one is a liar, Charlie or Eve, unless he initially trusted both on his UNL, which he shouldn't need to simply because Charlie validates Mallory's transaction to Alice.
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