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321  Bitcoin / Legal / Can Coinlab collect $50M in stipulated damages? on: May 03, 2013, 06:39:15 PM
I've moved this discussion here as it is more of a legal matter.

The real damages are irrelevant, what matters is the expectation when they entered into the agreement since those expectations were codified in the contract.

I've requested exhibit a (the original contract) so we can take a look at what was really promised.  What they're stipulating is "breach of contract" and since the contract has a "in the event of breach of contract" clause, I don't see how Gox get's out of the 50 million.


Disclaimer: I'm not a lawyer either, just a person with a fair amount of experience in business law.

As I said, it will be interesting to see how that claim plays out. Although there may be a stipulated damages clause, there may be some other factors that come into play:

Did Coinlab completely fulfill their end of the bargain? If not, they themselves may be liable for a counter-claim and it could weaken the stipulated damages clause.

Were there acts beyond Mt. Gox's control that affected their ability to perform? Such as the DDOS attacks and a massive increase in trading volume and value.

Does the massive increase in volume at Mt. Gox make the terms of the original agreement with Coinlab unconscionable?

There may be a variety of defenses by Mt. Gox, so we'll need to hear the other side of the story. Of course, that is what depositions and trials are for.
322  Economy / Service Discussion / Re: CoinLab should move on and create a new US Market on: May 03, 2013, 06:24:38 PM

CampBX.com is one of the only exchanges to never be hacked, as far as I know. They made security part of their image from day 1. They seem to be the epitome of responsibility and honesty. They have been around now for what well over a year? Without a single incident.


I've been trading with CampBX for a bit now. Money in and out is much easier in the U.S. They seem fairly responsible, though do get slowed by volume.

I think it is definitely correct that we should all make a conscious effort to try and use exchanges other than Mt. Gox to try and stabilize the Bitcoin environment. There are 3 with some volume now, CampBX, BTC-e, and Bitstamp. Let's all try and use them.
323  Economy / Service Discussion / Re: CoinLab should move on and create a new US Market on: May 03, 2013, 06:15:02 PM

Have you read the complaint?   We reached out to Coinlab for comment and after reading the complaint I see what the problem is.

1 - Gox signed an exclusivity agreement promising integration and swap-over by march 22 - They did not perform
2 - Gox agreed to provide a number of both physical and digital items - they did not perform
3 - Gox agreed to pay 50M as a non-exclusive penalty if they did not deliver (more can be sought, that's just something they already signed themselves up for)

The complaint is only 12 pages long, if you'd like to give it a read http://www.scribd.com/doc/139281443/Coinlab-v-Mt-Gox

Seems pretty open and shut to me, I've reached out to Mt.Gox for comment but I'll be suprised if they want to talk.

Actually, yes, I did read the complaint. While I can readily believe that Mt Gox failed to perform, given their history, the $50M in stipulated damages will be interesting to see it plays out. How much could Coinlab actually have invested in this and paid to Mt. Gox ? Coinlab's compensatory damages would appear to be much lower than $50M.

The fact that Coinlab continues to refer people to the Mt. Gox site from their own (when other exchanges are available) may end up being a reasonable defense.

324  Economy / Service Discussion / CoinLab should move on and create a new US Market on: May 03, 2013, 03:56:35 PM
Hopefully Coinlab will move on and create a new U.S. market, rather than trying to quickly turn a $500k VC investment into $50M of stipulated damages.

Why on earth are they still directing people to Mt. Gox to trade?
325  Bitcoin / Bitcoin Discussion / Re: A call for the Bitcoin Foundation to appoint a new board or dissolve on: May 03, 2013, 03:51:15 PM
I think a new board that is focused on diversifying exchanges would be a good thing.
326  Alternate cryptocurrencies / Altcoin Discussion / Re: Ripple Giveaway! on: May 01, 2013, 04:03:37 PM
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327  Other / Beginners & Help / Re: [ANN] TheFreeMarket - Launch (est) 21st June 2013 [BTC/LTC/PPC] on: May 01, 2013, 03:31:09 AM
Why are you restricting firearms sales?
328  Other / Beginners & Help / Re: Fincen registration of bitcoin businesses on: May 01, 2013, 03:17:21 AM
Both are outside the U.S. and not subject to Fincen regulation. Mt. Gox is having a different company deal with their U.S. customers for transfers into/out of the U.S. and they will handle Fincen.

I doubt BTC-e will ever register. There is not even stated actual physical address for that business or the domain registration. The registration contains what appear to be fake phone numbers.
329  Other / Beginners & Help / Re: Why the Bitcoin price lower at BTC-E.com than MtGox? on: May 01, 2013, 03:07:07 AM
Firstly, this is not always so. Occasionally BTC-e is actually higher than Mt. Gox, which is one way to move money into BTC-e.

The difficulty of funding BTC-e, as well as the fact that there is no stated address or identity for the principles, likely has something to do with it.
330  Other / Beginners & Help / Re: how do I move USD from GOX to BTC-E (not using BTC) on: May 01, 2013, 02:46:19 AM
I think you will have to move the cash elsewhere, then into OKPAY. I asked Bitinstant and they are not presently doing pay into BTC-e.
331  Other / Beginners & Help / Re: Missed out on Ripple! on: May 01, 2013, 02:39:30 AM
I've been signed up for a while, though this is my first posting. Hoping the age of my account will allow me to use the Ripple giveaway.
332  Other / Beginners & Help / allinvain please call law enforcement on: June 15, 2011, 09:01:48 PM
allinvain, firstly sorry to hear about this theft.

This is theft, and on a major scale, so I suspect it would be best to call the RCMP or other appropriate law enforcement.

We always hear about how BTC are really just pseudonymous. This case will be a good check on that. Hopefully it will be possible to track down who did this and put them behind bars.

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