Important facts you guys are forgetting with all these TERRIBLE analogies and discussions.
1. BTC is NOT RECOGNIZED as LEGAL TENDER in ANY COUNTRY in the ENTIRE WORLD, galaxy, even Mars.
2. BTC were NOT stolen. They were SENT to a wallet ID WITHOUT the recipient asking for them.
3. NOTHING ILLEGAL HAPPENED. An IRREVERSABLE TRANSACTION happened with a transfer of DATA that holds NO VALUE from wallet to wallet. I can have 1 million BTC in my wallet and they are NOT WORTH ANYTHING until I TRADE THEM to an exchange, which THEN recognizes the data as currency. Still does not make it LEGAL currency.
4. The BTC did not gain it's value until they were SOLD. AFTER THE TRANSFER. The transfer from Patrick to BenDavis of 511 BTC indeed, held no value. Value comes when you take the data to an exchange. Hopefully NOT intersango. They obviously do not know how to manage an Exchange.
5. Sender lives in Europe. Recipient lives in USA. There is NOTHING legal sender can do to recipient. Not to mention that any court in either country would recognize this as anything legal or illegal for that matter. They will laugh in your face. "Let me get this straight, you sent someone 'data' called bitcoins without them asking, and you want them back?" LMFAO
If you wake up, and there are 511 BTC in your wallet, THEY ARE YOURS. It is a different story if a Bank sends you funds to your LEGALLY RECOGNIZED BANK ACCOUNT, then yes. You have a LEGAL obligation to send them back. This however, is 'data' that you can trade for currency, yes. But the 'data' itself is NOT RECOGNIZED AS LEGAL CURRENCY IN
--ANY-- governing body in the entire WORLD!!!
This is not a 'oops I dropped 50 bucks on the ground' type case. Because the 50 bucks is LEGAL TENDER and controlled by a Central Bank and governed! BTC is NOT!!!
This is not a 'oops I built a fountain on your yard' type case. Because the fountain is REAL! You can see it. You can touch it. You cannot physically touch or see BTC data.
This is for sure 'oops my code sucks ass, I am not as smart as I think I am, I fucked up and sent data to another program that collects data. I do not own this data either, it is data sent to me from OTHER people that use my exchange. And if I do not get this data back, I will look like an idiot for losing my customers data - so I will make threats, physical, mental and legal threats on this persons family, child in hopes it will scare them in to sending the data back, but fully knowing that there is nothing I can do legally'
/rant
You are fucked Patrick. You fucked up. You blew it. There is nothing you can do about it. I would feel like a huge douche too if I was you and try to do anything I could to get it back.
You clearly seem to think you're in the right here. You might want to read up on more law before doing something so sketchy, next time. The legal tender point is irrelevant; you are in possession of someone else's property, regardless of whether it's an "official currency" or not, and you demonstrated bad faith by selling it all immediately. Your point about it acquiring value the moment you sold it makes no sense. If it didn't have value before you sold it, nobody would have bought it from you. You might also want to read things like
http://www.austinchronicle.com/columns/2005-12-02/315676/. Whether it's an intangible good or not is also irrelevant. You did not _take_ someone's property, but you did not make a reasonable effort to return it to them, and instead posted on facebook (of which there is documentation) about "free money" and started preaching about how the victim was in the wrong. Definitely not good faith, and it'll look bad when the law gets involved.
I could accidentally send you my collection of used women's panties (hypothetically
) and if you kept it, you'd be liable. No, used panties are not legal tender. No, they have no market value. But you still took my stuff, and made no effort to return it to me. Sure, you wouldn't be liable for much, but you would definitely be in the wrong.
Over $4000? You should be worried.
Edit: Also, what's with posting his picture and name? Who cares if you know who he is? Are you trying to intimidate him by suggesting you know who he is?
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