Bitcoin Forum
June 25, 2024, 01:06:17 PM *
News: Latest Bitcoin Core release: 27.0 [Torrent]
 
  Home Help Search Login Register More  
  Show Posts
Pages: « 1 2 3 4 5 6 7 8 9 10 [11] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 »
201  Bitcoin / Bitcoin Discussion / Re: This scared the hell out of me [Mt.Gox] Notification: Trade(s) Executed on: September 06, 2011, 10:13:11 PM
The first one of those emails is taking back all your account history since we enabled trade notification setting again.

We were busy with many things and unfortunately trade notification were taken out of the top of the todo list for a while. It's now back, and working. That first email contained all your trades until now, next ones will be sent every 10 minutes or so.
202  Bitcoin / Bitcoin Discussion / Re: Yubikey use across sites? on: September 06, 2011, 10:10:13 PM
We prevent use of the yubikey on other sites to limit (slightly) risks of phishing. Making it normal to enter your yubikey code on other sites might be a risk, and considering recent phishing attempts I wouldn't be surprised we start seeing phishing attempts targetting yubikeys.
203  Bitcoin / Bitcoin Discussion / Re: Bitcoin Weekly Ransom(1.7 BTC Target, 0.25045601 BTC raised) on: September 06, 2011, 10:04:50 PM
Releasing some more content/stuff sounds like a good idea, let me help a bit and see what happens.
204  Economy / Marketplace / Re: MtGox OUTAGE-10543 caused coins to be sent to expired address-still not resolved on: September 06, 2011, 07:20:30 AM
You need to contact the other exchange to have them credit the bitcoins. Bitcoin addresses do not expire, and they are likely to have already dealt with similar issues (when we were "expiring" addresses, we had a lot of people sending funds again weeks later).
205  Local / Discussions générales et utilisation du Bitcoin / Re: Une société défend les Bitcoins face à une banque, le CIC on: September 05, 2011, 10:54:27 PM
le bitcoin est défini par la justice comme une monnaie (électronique ou non), le bitcoin serait alors un produit réglementé.
Le bitcoin ne pourrait être échangé, acheté ou vendu que par les établissements de crédit (banques) ou les agents de change.
Ce serait une excellente nouvelle, le capital requis pour ouvrir un bureau de change n'est que de 38k€.

Mais aucune chance que cela n'arrive Smiley

Sans oublier toutes les réglementations/déclarations/etc nécessaires qui feraient fuir toute personne voulant échanger des bitcoins.
206  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 05, 2011, 10:52:50 PM
I am not sure if I have missed it, so here the question:

Do you expect a ruling on Sep 13 or will this only be the start of the lawsuit?


It's only the start date, where both parties will provide elements under their possession to argument. Chances are it'll take a few weeks before a definitive answer is found.
207  Local / Discussions générales et utilisation du Bitcoin / Re: Une société défend les Bitcoins face à une banque, le CIC on: September 05, 2011, 03:09:38 PM
Hmm, même avec tes nouveaux marchés ? Je peux pas par exemple t'envoyer un virement en euros et ensuite demander un retrait en dollars ? Je pense que ca peut être risqué de soutenir que tu ne remplis pas une mission d'agent de change si c'est possible de le faire indirectement via mtgox.

Tu seras présent à l'audience ?

Tout ca promet d'être très intéressant !

Vu que tous nos clients euro sont encore en USD nous autorisons temporairement le retrait d'USD en Euro. L'idée est de se débarasser de toute conversion qui ne fait pas partie d'un achat ou une vente de bitcoin.

Sinon je ne serait pas à l'audience, vu que je suis à Tokyo et je ne peux malheureusement pas me permettre le luxe de voyager en France en ce moment... mais je suis de très près Smiley
208  Local / Discussions générales et utilisation du Bitcoin / Re: Une société défend les Bitcoins face à une banque, le CIC on: September 05, 2011, 02:05:11 PM
Ah j'oubliais, MT devrait peut-être se méfier et faire vraiment attention, parce que la banque avance qu'il exerce illégalement la profession d'agent de change... Je ne sais pas si il permet l'échange de devises entre les 15 nouveaux différents marchés qu'il a ouvert.

Non, l'échange entre devises n'est pas possible directement, vu que cela serait illégal sans être une banque, même à Tokyo ou Hong Kong Smiley
209  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 05, 2011, 10:00:56 AM
Actually, no. And that is the beauty of it.

The actual balance is stored by the whole network, not on your physical computer. So by "sending" bitcoins, you don't really change their physical localization. It's just matter of complex mathematical computations.

By sending Bitcoins, you give somebody else the rights of ownership to the bitcoins, but they don't move themselves.

This all depends on the final legal status. Law is known to not care much about technical sense.
210  Economy / Marketplace / Re: Mt.Gox: now accepting many currencies on: September 05, 2011, 07:40:12 AM
hm, this seems really nice.
I wonder what kind of withdrawal methods/fees there will be for each currency. 

All currencies except PLN are eligible for international withdraw.

USD also has deposits/withdraw via Dwolla, Paxum and LR.

Deposits for CAD and EUR are also possible via Paxum. We'll add Paxum withdrawals in those currencies eventually (once there are enough deposits).

GBP deposits are possible via Barclays, and withdrawals will be implemented soon.

CAD deposits and withdraws will be possible soon via a new bank in Canada (things have been moving slowly).

EUR deposits and withdraws will be possible once we settle the case with the French bank, or once we open those in Poland.

PLN deposits and withdraws are live via Bitomat acquisition.
211  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 05, 2011, 02:12:19 AM
Good luck Tux!  But get a second opinion.  If not from another attorney, you can find some wise old Japanese or French businessmen next time you're out at the club to ask this one question:  Is it a good idea to sue a bank I want to do further business with? Roll Eyes

But aren't you better off just dropping the whole suit at this point?  You already won and the bank is flaunting the ruling, so you got the decision you wanted, nothing bad has happened for all bitcoin, and you can walk away.  I mean, why spend all this money on lawyers and risk a bad precedent when you could, instead:

1) switch banks
and/or
2) switch nationality of bank
and/or
3) switch nationality of M* S* LLC or whatever weirdly named LLC you use to transfer money around.  Others have suggested Panama, but there are many fine choices.  France is most definitely not an offshore or private banking mecca.

You will probably spend less money that way, to the right kind of lawyers: corporate, transactional, tax, asset protection.  Not the "LET's SUE YOUR FAVORITE BANK" kind of lawyer.  Also protects you from more lawsuits/getting milked by your "Let's sue your bank AGAIN and AGAIN!" lawyers down the line.

This is not legal advice, it is just common sense.  We aren't ready to slay Goliath just yet.  Better to keep things as low key as possible while the adoption rate grows and strengthens the currency.

Things are a bit complex than that.

In France there are laws ("droit au compte") that says that any company or individual should be able to open a bank account. When CIC first closed our bank account, strangely, no bank in France wanted to open a bank account for us anymore (especially when we reached the bitcoin part of the explanation).
We then went to the National Bank ("Banque de France") and asked them to assign us a bank. The first bank refused, so the National Bank re-assigned us to CIC, which was not allowed to say no anymore.

Thing is they said no. We opened an emergency court case as not having a bank account is harmful for our business, the court said that the bank was indeed required to act as the law says, and not as it feels. Bank lost court case, opened account, appealed, lost appeal, closed account, got sued again, lost again, re-opened account.

Now, the bank is saying that its only reason for closing the bank account is because we have an activity similar to a bank without being registered as a bank, since we allow people to buy a virtual currency called "bitcoin".
The definition of "virtual currency" under French law do not match bitcoin at all, and the court generally agrees, while saying it is not able to make this kind of decision. On request of both us and the bank, a regular court (as opposed to emergency court) will have to decide if bitcoin is indeed a virtual currency or not.

For information we haven't spent one cent so far on this (the bank has been required to pay us however, each time they lost). Unlike USA, in France the one who wins a court case is the one who is following the law, not the one with more money.
212  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 11:14:47 PM
As many have been talking about all kind of things let me add a few points.

  • No, I am not doing this alone. I have people with me, some with deep understanding of bitcoin, some with deep understanding of french laws.
  • I have a few years of experience running businesses, it's however my first time going in court for a system similar to bitcoin
  • All the information published here (including the court decision) are public and published by the French tribunal too, since it's not "ongoing litigation" as someone said, but a closed case.
  • Technically you do not own bitcoins, but you own keys to those coins, which have an intrinsic value equivalent to the controlled "coins". That makes stealing a wallet equivalent to stealing the coins. This has nothing to do with the defense anyway at this point, just thought I'd fuel a bit the troll.
  • If anyone wants to help, it's welcome. If you could just avoid citing other countries laws, but EU regulations and/or French law it'd be even better.
.
Now, the bank claiming "bitcoin is a virtual currency" seems a bit far fetched, as they had no supporting material other than internet articles and similar things. The law defining a "virtual currency" in France is even more strict than the related EU regulation, and goes even further in a direction opposite to bitcoin.

Chances are the court will say "we never had to deal with Bitcoin before, we need new laws". We'll see how this goes.
213  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 04:44:33 PM
Speaking about wow gold and other mmo things, it's stated that ALL the mmo things are property of the software house. So every wow gold is property of Blizzard, no matter what. Of course if you are playing wow you can use them, but you can't go around and say "i OWN 100 wow gold"

As for bitcoin well we need them to treat it like gold

You don't own bitcoins. You own keys that allows you to give authorization to other people's key to use some coins. The coins really are in the blockchain, which is everywhere.
214  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 03:43:15 PM
Mark, if the court does decide in favor of Bitcoin being a currency, will you give account holders a period of time to withdraw funds before enforcing KYC requirements, or should concerned individuals remove their funds ahead of the court decision?

If this happens we'll probably stop operating in France. This has no impact in Japan where we are doing other efforts to get a status for bitcoins by talking directly with the FSA (not the UK one, the Japanese one), MOF (Ministry of Finance) and KLFB (Kanto Local Finance Bureau).

I'd speculate that that bitcoin will be declared as a "virtual currency" by the court. But this is not very educated guess (since I know next to nothing about French law).

I'd doubt that since French law is based on EU regulation, which states a few things that bitcoin is not. On top of that French laws define virtual currencies as a form of debt (so you can cash out anytime from the issuer), which is clearly not what bitcoin is.
215  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 02:55:03 PM
Bitcoin is not a money, it's bitcoin. Don't try to interpret it with current laws...
The state will naturally try to interpret it with current laws. If you don't want to irritate the state, stop scratching it.

In Japan we will most likely see new laws and new regulations adapted to bitcoin (nothing is set yet, talks are still in progress). Other countries could see the same thing if current laws are deemed "not enough".

Anyway if you just read the law, Bitcoin is not a virtual currency.
216  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 02:30:04 PM
I'll be extremely interested to read the Court's decision (not the summary civil court one, but the later one). The relevant part of the Directive 2009/110/EC (Electronic MOney Institutions Directive) reads:

2. "electronic money" means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2007/64/EC, and which is accepted by a natural or legal person other than the electronic money issuer;"

Your best defence is to claim that you are not the issuer.

However, that would still not solve your problems in Europe, as you may still need to register as a credit institution in order to take deposits and keep accounts. You actually may be better off as an electronic money institution than as a credit institution.

We are basing our defense on the fact Bitcoins are not issued for money, but issued ("created" or "mined") for "free" (in exchange of a specific work, in fact, but anyone can have their computer do it and expect to have bitcoins within a more or less long timeframe). Because of this, one bitcoin (or 0.00000001 bitcoin) has no defined value.
217  Bitcoin / Bitcoin Discussion / Re: accepting MTGOX withdraws and deposits via voucher (idea) on: September 04, 2011, 02:25:54 PM
.....***Your done***....... we would anticipate the funds to be available within 1-2hrs on our exchange. (or instantly everything going well)

There is an API for redeemable codes that should help you making this instant, just let me know ( admin@mtgox.com ) if you need any help with this.
218  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 02:21:06 PM
What matters is not what you say, but what the law says.

Okay, but if the law comes out in your favor, all the people saying "Bitcoin is money" are basically not telling the truth?

How much harder would it be for you to do what you do, if the court comes back and says it is money? Because if I'm not mistaken, that would be the favorable outcome for everyone who's not an exchange, right? Everyone else here, it sounds like, would really love for a court anywhere to rule "yep, it's money" so that all the people saying "Bitcoin isn't money, no one recognizes it as money except a couple hundred libertarian nutters" will finally shut up.

If bitcoin is an electronic currency, it means we will have to report to the different countries of origin of our customers the identity of anyone buying, selling or owning bitcoins, how much they own, etc. just like banks are doing in most countries.
Not mentioning that exchange or online storage of bitcoins would require to be a bank, which involves a lot of fees and time (can take up to 5 years to create one). Banks as we know can do that as they run fractional reserve and can spend the money you put with them, but bitcoin won't allow that (it's here to prevent this kind of nonsense from happening).

It would also make transit of bitcoin between countries subject of customs declaration requirement, and a lot of more crap that would be bad for everyone.


Bitcoin is not a money, it's bitcoin. Don't try to interpret it with current laws, we'll most likely need a new set of laws to accommodate the way it works and the anonymity required.
219  Economy / Trading Discussion / Re: Tradehill - identity requirements for Australian customers on: September 04, 2011, 02:14:35 PM
We have noticed recently a surge in fraudulent deposits of funds in Australia, so this might be linked.

Some of those have passed through our anti-fraud system (a bit less than AU$1000 worth of funds which we have taken as loss), which we have been tuning to detect this kind of fraudulent activity. We are working with our provider in Australia (Technocash) on reducing the volume of fraudulent activity (as we can detect those in advance with better accuracy, it becomes not profitable enough for fraudsters and they find other ways to cash out their illegal money).

220  Bitcoin / Bitcoin Discussion / Re: Bitcoin in France: first legal decision directly related to Bitcoin? on: September 04, 2011, 02:01:45 PM
Aren't there fines for the bank going against the courts decion? So the bank would rather pay fines and dissobey a court order than give you guys a bank account?

It wouldn't play good for the bank's image either. They opened back a new account already, however it'll take a few days until we receive the access card for online access and can resume normal activity.

So basically what you're saying is that if we want a functioning exchange, we more or less have to stop telling people it's money?

What matters is not what you say, but what the law says.
Pages: « 1 2 3 4 5 6 7 8 9 10 [11] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 »
Powered by MySQL Powered by PHP Powered by SMF 1.1.19 | SMF © 2006-2009, Simple Machines Valid XHTML 1.0! Valid CSS!