You know what I could not be bothered reading your 'actual lawyers anal sis' as I doubt it will be worth my while.
Wouldn't want you to read anything that might lead to you having to admit your error. Enjoy your ego castle built on a foundation of sand. If you have had your order canceled by BFL, you can read an explanation of your rights in this thread. https://bitcointalk.org/index.php?topic=217036.msg2290818#msg2290818Do you have a BFL order - what do you know exactly? I am sorry, you will have to sit this part of the thread out. It involves facts that are inconvenient to your world view. You may instead speculate on my age, profession, sexual preferences, political affiliations, or race to pass the time. And your statement in this post is what exactly k9? My statement is exactly: I am sorry, you will have to sit this part of the thread out. It involves facts that are inconvenient to your world view.
You may instead speculate on my age, profession, sexual preferences, political affiliations, or race to pass the time.Any other questions? If you have had your order canceled by BFL, you can read an explanation of your rights in this thread. https://bitcointalk.org/index.php?topic=217036.msg2290818#msg2290818 |
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You know what I could not be bothered reading your 'actual lawyers anal sis' as I doubt it will be worth my while.
Wouldn't want you to read anything that might lead to you having to admit your error. Enjoy your ego castle built on a foundation of sand. If you have had your order canceled by BFL, you can read an explanation of your rights in this thread. https://bitcointalk.org/index.php?topic=217036.msg2290818#msg2290818Do you have a BFL order - what do you know exactly? I am sorry, you will have to sit this part of the thread out. It involves facts that are inconvenient to your world view. You may instead speculate on my age, profession, sexual preferences, political affiliations, or race to pass the time. |
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You know what I could not be bothered reading your 'actual lawyers anal sis' as I doubt it will be worth my while.
Wouldn't want you to read anything that might lead to you having to admit your error. Enjoy your ego castle built on a foundation of sand. If you have had your order canceled by BFL, you can read an explanation of your rights in this thread. https://bitcointalk.org/index.php?topic=217036.msg2290818#msg2290818 |
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For a 42 year old man - your posts are very strange... and you know he has no case
[EDIT] k9 - you were so kind in the early days - what happened to you? I can understand YipYip's comments but yours?
As usual, your analysis of the situation is incorrect. You can read an actual lawyer's analysis here: https://bitcointalk.org/index.php?topic=217036.msg2290818#msg2290818Xian's case is fairly cut and dry. Your revisitation of my posts lacks context. In the early days of these forums, the there were far fewer sock puppets and the tone was more collegial. Now, everybody and his brother has discovered Bitcoin thanks to the media and we have boatloads of nitwits for whom math and logic are foreign concepts. Scammers abound and their tactics are shallow, shameful, and (for the most part) predictable. |
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Here's my profiling of - k9quaint - I wondered how old he was - here is my analysis (age in brackets)
Why does it matter who old is the speaker? I do not believe that it affects the validity of the facts or arguments put forward by them. I thought it would be a good exercise in psychological profiling - you're next  First guess without even reading your posts is 21 - am I right? [EDIT] you are not allowed to go and quickly remove your old posts as this is 'destruction of evidence' I stand by my post history 100%. You are off by a factor of 2 on my age. I am flattered you would spend so much time on me. I am a software engineer. My specialty is network security. Either I am young at heart, or you are bad at profiling. I think I could live with either outcome.  Well, that surprises me - so you are 42 - there's no way you can see that in your posts - either you are immature or you just haven't learned much... I think I could live with either outcome. Edit: oh, and I am married. You could play for the Mets with that batting average. Roll Eyes [EDIT] now I know you are lying... And now I know you can't abide being wrong. Time for me to retire - I have said my piece. I do hope xian learns something from this (and refrains from telling people to FO - that might help).
Never too late to make good on that promise. I would but I am constantly reminded with 'recent replies' to my posts and I can't turn them off. Then I read yours and YipYip's posts and felt obliged to point out that you both are lacking... [EDIT] Quaecumque. Well, I can't complain too loudly. Had you not pointed out Xian's loss so many times, he might not have found out he had a case. https://bitcointalk.org/index.php?topic=217036.0 |
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I'm also not amused with the perma-delays we keep on hearing from BFL, but you guys are still a whole other kind... So consumed by your blind hatred of BFL that once they go belly-up it will be like losing a part of yourself, you need them to fuel your anger!
TL;DR: You guys NEED BFL!
Disclaimer: I'm just trolling here, need to keep myself entertained.
We need BFL so we can point and say "there, thats the bad guy". Funny thing is I agree with you a bit here. I love the drama this situation creates. Every week I have to know if BFL has started full scale shipping yet. People are losing so much money by the week that it gives a great weight to the tragedy element. Im not really angry at BFL at all, in fact I have to thank them for slowing the difficulty down like no one else could have.I have to admit, I don't want this to end. If BFL ever starts full scale shipping I will be sad to see the BFL show come to an end. I think we will get a few more seasons though As a miner, BFL was the greatest thing since sliced bread. I have to thank them for acting as a sea anchor on the difficulty rise. There are 500 scams on these forums with new ones showing up every day. BFL is just the tall pole in the tent right now. |
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Here's my profiling of - k9quaint - I wondered how old he was - here is my analysis (age in brackets)
Why does it matter who old is the speaker? I do not believe that it affects the validity of the facts or arguments put forward by them. I thought it would be a good exercise in psychological profiling - you're next First guess without even reading your posts is 21 - am I right? [EDIT] you are not allowed to go and quickly remove your old posts as this is 'destruction of evidence' I stand by my post history 100%. You are off by a factor of 2 on my age. I am flattered you would spend so much time on me. I am a software engineer. My specialty is network security. Either I am young at heart, or you are bad at profiling. I think I could live with either outcome. Well, that surprises me - so you are 42 - there's no way you can see that in your posts - either you are immature or you just haven't learned much... I think I could live with either outcome. Edit: oh, and I am married. You could play for the Mets with that batting average. Roll Eyes [EDIT] now I know you are lying... And now I know you can't abide being wrong. Time for me to retire - I have said my piece. I do hope xian learns something from this (and refrains from telling people to FO - that might help).
Never too late to make good on that promise. |
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Here's my profiling of - k9quaint - I wondered how old he was - here is my analysis (age in brackets)
Why does it matter who old is the speaker? I do not believe that it affects the validity of the facts or arguments put forward by them. I thought it would be a good exercise in psychological profiling - you're next First guess without even reading your posts is 21 - am I right? [EDIT] you are not allowed to go and quickly remove your old posts as this is 'destruction of evidence' I stand by my post history 100%. You are off by a factor of 2 on my age. I am flattered you would spend so much time on me. I am a software engineer. My specialty is network security. Either I am young at heart, or you are bad at profiling. I think I could live with either outcome. Edit: oh, and I am married. You could play for the Mets with that batting average.  |
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Next year I will be wishing I had bought more ASIC. Everyone will be.
Except people who bought into ASIC scams, which currently make up about 25% of the threads in this forum. Those people will be wishing they had bought less. Just because BFL has an ASIC does not mean they can provide ASICs to everyone who ordered. There are still many ways for things to go bad: What if the chips produced have issues? Poor design can result in binning issues that render a large amount of chips unusable. What if they burned up all the cash? Lots of startups and fledgling businesses put too much into salaries and infrastructure and run out of funds before the product is ready. I worry that there are still too many what-ifs while they have such a huge backlog of unshipped orders. Venture capital companies would probably avoid them due to their president having a felony fraud conviction. Banks probably would not advance them factor credit for the same reason. 7 months late is a lot time to have a production line sitting around idle. What if, what if, what if... You sound more paranoid than Alex Jones. What if the price of bitcoin falls to a dollar tomorrow. What if I get hit by a bus. Investing is risky. I mine as a hedge for holding BTC. I make money mining, and I make money holding. It works. Like I said. I have FPGA units, and I am happy with them. Other than delays (which I fully expected, due to Moore's Law) I am pretty happy with BFL. First of all: Name: chalidore Account created: May 18, 2013, 11:05:58 PM I what if'ed things that have already gone wrong. Their chips had issues, they have had to go back twice (by their own admission) and redo them. The chips are still under performing. They admitted that they have had a production line idle for 7 months. There are things you can anticipate going wrong like bad design, overly optimistic planning, aggressive performance goals. Worrying about things like that is not being paranoid, it is called doing your homework. You said what if BFL runs out of money. How does a company that makes money-making machines (the leading company in the industry) run out of money? Seriously, what are the odds of that happening? If they pre-sold 70,000 units at $179, but it costs $189 to build. They could mine with them before they sell them to increase their margins. If their founders embezzled all the money and there is none left to fund production. Just because my account is new, does not mean I am new to Bitcoin.
Check Deepbit. I am the owner of ROBOT-ARMY. I have mined over 2500 bitcoins on Deepbit and over 200 on Slush. I have been putting off making an account on this forum because I don't feel like spending a lot of my time educating a bunch of stupid trolls. I had originally planned to use this forum to get rid of my GPU mining gear and buy ASIC/FPGA. It was never my intention to waste my time arguing with trolls. So much for that.
Fair enough. Astro-turfing with sockpuppet accounts is a time honored tradition for scammers on these forums. I like all the data up front where everyone can see it. |
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Next year I will be wishing I had bought more ASIC. Everyone will be.
Except people who bought into ASIC scams, which currently make up about 25% of the threads in this forum. Those people will be wishing they had bought less. Just because BFL has an ASIC does not mean they can provide ASICs to everyone who ordered. There are still many ways for things to go bad: What if the chips produced have issues? Poor design can result in binning issues that render a large amount of chips unusable. What if they burned up all the cash? Lots of startups and fledgling businesses put too much into salaries and infrastructure and run out of funds before the product is ready. I worry that there are still too many what-ifs while they have such a huge backlog of unshipped orders. Venture capital companies would probably avoid them due to their president having a felony fraud conviction. Banks probably would not advance them factor credit for the same reason. 7 months late is a lot time to have a production line sitting around idle. What if, what if, what if... You sound more paranoid than Alex Jones. What if the price of bitcoin falls to a dollar tomorrow. What if I get hit by a bus. Investing is risky. I mine as a hedge for holding BTC. I make money mining, and I make money holding. It works. Like I said. I have FPGA units, and I am happy with them. Other than delays (which I fully expected, due to Moore's Law) I am pretty happy with BFL. First of all: Name: chalidore Account created: May 18, 2013, 11:05:58 PM I what if'ed things that have already gone wrong. Their chips had issues, they have had to go back twice (by their own admission) and redo them. The chips are still under performing. They admitted that they have had a production line idle for 7 months. There are things you can anticipate going wrong like bad design, overly optimistic planning, aggressive performance goals. Worrying about things like that is not being paranoid, it is called doing your homework. |
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Next year I will be wishing I had bought more ASIC. Everyone will be.
Except people who bought into ASIC scams, which currently make up about 25% of the threads in this forum. Those people will be wishing they had bought less. Just because BFL has an ASIC does not mean they can provide ASICs to everyone who ordered. There are still many ways for things to go bad: What if the chips produced have issues? Poor design can result in binning issues that render a large amount of chips unusable. What if they burned up all the cash? Lots of startups and fledgling businesses put too much into salaries and infrastructure and run out of funds before the product is ready. I worry that there are still too many what-ifs while they have such a huge backlog of unshipped orders. Venture capital companies would probably avoid them due to their president having a felony fraud conviction. Banks probably would not advance them factor credit for the same reason. 7 months late is a lot time to have a production line sitting around idle. |
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As to calculation of damages. I would point out that it would be impossible to calculate accurately. Since we would have been dealing with vastly different difficulty numbers if BFL had actually delivered last year. Since they didn't I don't see how you could reasonably determine the damage between order time and the time the order was canceled.
I was thinking the same thing. One could only estimate. If BFL had delivered 120GH/s to Xian in November 2012 then one could use the earning power of the early Avalons as a comparable case. |
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K9's Taint .. I am coming for you next you homo ..
Thanks for keeping the thread open while we ran Xian's predicament past an actual lawyer. It turns out that most of us were initially wrong. It is a clear case of breach of contract on BFL's part. Xian will be pursuing it on his own. BFL is on the hook for providing either the actual goods they promised, or the current market value for the goods. If you hadn't been so crazy, the whole situation might have just faded away. Thanks again for keeping us focused on the problem! you replied to me you fucking dick head .. are you high ? and then did again ? Ok. SO in terms of Xian's "Predicament" .. he is SOL .. TOTALLY SOL .. you want to know why ? Check with the lawyers .. because hes a) A DICK b) A DICK c) A DICK d) got no fucking claim to damages based on the fact that there is no contract e) NO ACTUAL DAMAGES Eat it .. smoke it .. stick it in your ass. Guy below me is obviously a monster FAG!! You should have just let the thread die instead of running your mouth. Your pride got you in trouble again. Froth at the mouth much? Quoted so Bicknellski could enjoy too. I am heartless, I admit it.  |
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K9's Taint .. I am coming for you next you homo ..
Thanks for keeping the thread open while we ran Xian's predicament past an actual lawyer. It turns out that most of us were initially wrong. It is a clear case of breach of contract on BFL's part. Xian will be pursuing it on his own. BFL is on the hook for providing either the actual goods they promised, or the current market value for the goods. If you hadn't been so crazy, the whole situation might have just faded away. Thanks again for keeping us focused on the problem! |
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In which state would Customer A have to file to seek restitution if the transaction took place over the internet?
The state where Widgetco is located? Or the state where Customer A lives?
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Lets get a fighting fund to get BFL held to account  Oh yes lawyers. Then we could get some politicians to join in the fun. I bet Obama's press secretary is dying to chime in about pre-orders. We don't need a press secretary yet. Perhaps after the lawsuit concludes. |
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OK I get this, if Widgetco terminates with an explicit reason of non-delivery. What if Widgetco has a thousand orders and tells 1 we don't want to do business with you for non-breach reasons? That's not an expression of intent not to deliver (repudiation) but an expression of a desire not to do business with an individual. (scroll up I posted some law). Is there a difference? How does that affect pursuit? What cases has this happened within previously?
Widgetco can choose not to do further business with them (providing they do not violate any discrimination laws). But they cannot choose to unwind previous business protected by contract on a whim. How would the reason for non-delivery be "non-breach"? Failure to deliver is a breach of the contract, there must be some mitigating circumstance to that failure for there to not be a breach. A fact pattern that illustrates the need for sales contracts to remain intact: I run GoldBuyer Co. I offer to sell people gold for $10 below spot price and I guarantee delivery of gold within 3 weeks. The customer pays the full amount at the time of purchase. I actually only buy the gold 4 days before I deliver it. My business model is as follows: If at the time I purchase the gold the spot price for gold is higher than the amount paid by the customer, I dissolve the contract and give them a refund. I make money on 16 days of deposit interest. If at the time I purchase the gold the spot price for gold is lower than the amount paid by the customer, I fulfill the order and ship the customer their gold. I pocket the difference between the spot price and the price the customer paid for the gold. I also make interest on 16 days of deposit. If sellers can unwind any contract they choose citing only that they don't like the customer, bad things happen. |
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Definitions--"contract"--"agreement"--"contract for sale"--"sale"--"present sale"--"conforming" to contract--"termination"--"cancellation".
400.2-106. (1) In this article unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (section 400.2-401). A "present" means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.
(3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.
(L. 1963 p. 503 § 2-106)
This got glossed over a bit. Especially concerning (3) . Doesn't this trump our contention of the previous point. Sorry I post so much stuff, but I'm a fast typist and am trying to distill this in the face of confusion. "Pursuant to a power created by agreement or law". There is no power created by the contract that Xian agreed to that allows BFL to unilaterally dissolve it. There has yet been no law cited which grants BFL a unilateral right to dissolve the contract rather than fulfill it's terms. Also, please see the fact pattern put forth by MSantori. Furthermore, MSantori claims a law degree and a passing score on the bar exam of the state of New York. (may the great flying spaghetti monster have mercy on his soul). |
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