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1381  Alternate cryptocurrencies / Announcements (Altcoins) / Re: [XPM] [ANN] Primecoin Release - First Scientific Computing Cryptocurrency on: August 22, 2013, 05:13:06 PM
GPU mining working yet?
1382  Bitcoin / Hardware / Re: Off-Topic on: August 22, 2013, 05:09:43 PM
http://thegenesisblock.com/800000-avalon-asic-bitcoin-mining-chips-expected-over-next-month/ Cry

It gets harder every day to see any positive/optimistic outcome from the chip fiasco.  I have been a little encouraged by the recent increase in BTC price, but unless it keeps climbing...

At this point is there any way for Terrahash to reject or sell the gen 1 chips from Avalon and find a batch of gen 2 chips from any other chip manufacturer?  Rather than get a miner that will barely crank out any BTC in 30+ days from now (best case scenario?), I would be OK waiting a few months to get a significantly faster chip, or even a reduced number of chips, or whatever will out perform what TH is currently expecting from Avalon.  TH needs to hold Avalon accountable and get chips yesterday, or get a refund, or get one of the first orders of a wicked fast gen 2 chip.

Terrahash, can you please communicate more with your customers via the forum or your support site?  Your silence is unnerving, and a bit rude considering all the trust/faith your customers have given Terrahash just on your word.  A lot of people chose to support Terrahash and allowed you (I believe by your own admission) to purchase hardware with the expectation of a mid August delivery.  Yes we knew the risk, but as this is a dynamic environment/situation, and rumors, etc. fly fast, it would be better for everyone (your customers) to know more about what Terrahash is doing, and how it is in our (your customers) best interest.  Silence is not acceptable.  Please engage in dialog with the customers that ask direct questions on the forum so all can be informed, and please answer to the best of your ability ALL the questions, not just the easy/quick one line responses.  Thank you!

Exactly, they should be trying to hold them accountable and work out a compensation agreement. But there is absolutely no word that they are doing anything but sitting around. They are obviously keeping silent because the facts are things people don't want to hear.
1383  Economy / Securities / Re: ActiveMining Overview and Speculation Thread on: August 20, 2013, 10:31:14 AM
Even with the eASIC deal, won't ActM chips be slower and more $/GH than those of CoinTerra and other companies? The Avalon situ has really screwed ActM.
1384  Bitcoin / Hardware / Re: [POLL/VOTE] What should Avalon do with our past due orders? on: August 18, 2013, 07:49:43 PM
Sorry,

But a failure to deliver on time. Not provide proper information demands refunds. As for Yifu blocking the chips even further at this point is meaningless we need to simply boycott Avalon and make sure we disrupt his Gen2 to Gen4 sales here in this community as much as possible. We have a breach of contract and that must be rectified now SebJu asking for coupons, waiting for him to deliver another 1 to 2 weeks later is not the terms and conditions we agreed to as chip buyers. It was 4 weeks for developer chips and 9 to 10 weeks for the main orders. Avalon failed to deliver. I do not see how politely accepting compromises for such a failure is in anyone's best interest especially the community. We all need to stop being weak and band together and cause Avalon some pain back where it counts Gen2 sales. BOYCOTT until we are all properly compensated. Refunds must be given if asked that is LEGALLY what we are entitled to given the failure to deliver the product. We will be emailing all the interested group buy owners soon to start legal action against Yifu and Avalon.

+1
1385  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 18, 2013, 10:24:40 AM
Whether or not it is difficult or Avalon had some troubles that they didn't intend or couldn't foresee is completely irrelevant in the legal sense. They stated they would have the chips within a certain time-frame and they are obligated to that time-frame regardless of what mishaps or unforeseen circumstances transpired. We do not owe them sympathy or a break. If Avalon doesn't want to own up to the risk associated with delivering product on time based upon a contract then they need to get out of the business.

Are you a lawyer?  While I'm not trying to defend Avalon at all, from a legal standpoint simply being late with an order is not a big deal - unless you have a contract specifying exactly how much they're supposed to pay if they don't ship on time, it's unlikely you could win a lawsuit against a supplier simply for being late.

The reality is, people are late with orders all the time.  Normally it isn't nearly as big of a deal.  If normal chips are late by a few months, nothing major happens.  Worst case a new product launch has to be pushed back, and major companies actually plan extra time for delays in designing product schedules.

In the bitcoin world, it's a huge deal.  In the "real" world it's not a big deal and not a big deal legally either.
Thank you for politely head checking this person. I have noticed that (s)he complains a lot and wants to spend more money on lawyers and court fees than helping the bitcoin community ( of which Yifu was a member long before whoever vigil is ). 
I have about 4k riding on this and I remain optomistic because I have been mining for years, and I invested in my ideals rather than to make a quick buck on something that seems to not make a person happy. The concepts behind bitcoin bring more joy and light into me and my thoughts of the future, and that is what I invested in. Not my bank account, not my furrows of worry, but simply to enjoy the ride, and show others that , 'hey this is just a ride, it was meant to be fun and exilerating, have its ups and downs loops and turns....but its just a ride'. I hope everyone that participates in the making or breaking of the bitcoin economy remembers - it's just a ride.


-And Yifu - huge thanks for all the hardWork(fishes)
I have never advocated going as far as court. I have actually stated that we should use an attorney only to force Yifu into face-to-face contact and to reveal what the truth is and arrange compensation plan.

I think you are full of shizzle. You want to dissuade others from pursuing what is in their best interest and protect Yifu. You are here to steal everyone's energy.
1386  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 18, 2013, 05:05:16 AM
Whether or not it is difficult or Avalon had some troubles that they didn't intend or couldn't foresee is completely irrelevant in the legal sense. They stated they would have the chips within a certain time-frame and they are obligated to that time-frame regardless of what mishaps or unforeseen circumstances transpired. We do not owe them sympathy or a break. If Avalon doesn't want to own up to the risk associated with delivering product on time based upon a contract then they need to get out of the business.

Are you a lawyer?  While I'm not trying to defend Avalon at all, from a legal standpoint simply being late with an order is not a big deal - unless you have a contract specifying exactly how much they're supposed to pay if they don't ship on time, it's unlikely you could win a lawsuit against a supplier simply for being late.

The reality is, people are late with orders all the time.  Normally it isn't nearly as big of a deal.  If normal chips are late by a few months, nothing major happens.  Worst case a new product launch has to be pushed back, and major companies actually plan extra time for delays in designing product schedules.

In the bitcoin world, it's a huge deal.  In the "real" world it's not a big deal and not a big deal legally either.
You do not need a contract which stipulates exactly how much has to be paid. I already addressed this in another thread. You can absolutely win a lawsuit for them being late, especially if you can prove that you lost profit because of it. This is called "compensatory damages". In addition, the time-sensitive nature of Bitcoin mining also makes this very prime for delivery contract obligations. People are late with orders but both parties usually agree to deal with those delivery issues in some manner. But when money is on the line there are often lawsuits which attempt to claim the profit losses due to the productivity loss.

But normal chips are not time-sensitive. Regardless of how certain companies have or have not dealt with late deliveries, the fact remains that if you contract to deliver a product by a certain time you ARE obligated to that time, and the other party may be awarded damages regardless of the amount of time past the deadline.

Some of you kids just pull all sorts of supplicative shit out of your asses. Avalon either owes everyone a refund or they owe them for lost profit, i.e., compensatory damages. But only you all can make that happen.
1387  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 10:57:22 PM
Do you understand what is involved with the manufacture of a modern integrated circuit? You are talking about one of the most complex manufacturing processes on earth. Yifu is clearly at fault for missing the deadlines he promised - but that does not change the fact that getting these chips manufactured is far more complex than sending TSMC a request for some more chips.

Why in the heck would it be MORE difficult than sending in another order? That makes no sense whatsoever. It's extremely complicated to design and manufacture a car. Yet if my local Toyota dealer needs more cars, they have only to order more. Yes, they DO need to consider lead time, but that's pretty much the extent of the "complexity".

Given that the manufacturing facility has obviously been set up already, what specifically is so complicated about placing additional orders for more of the same product?

We have a saying in America: "It's so easy a child could do it."
 

It makes no sense whatsoever because you do not understand what is involved.

Integrated circuits are manufactured starting from bare silicon substrates (wafers). They then go through a series of several hundred processing steps in multi-million dollar machines. These unit steps involve huge varieties of litho, etch, dep, strip/clean, and doping/implantation processes. The recipes, process parameters, and similar can change depending on how foundries are organizing their production flows, and how they are adding/removing/replacing processing tools. It is entirely possible that a wafer flow that was implemented successfully 6 months before is no longer possible because it's been replaced by something new. Furthermore, companies with much more influence than some kid (read: Yifu) may be utilizing 100% of the desired capacity for a specific process.

This isn't a turnkey business. Computer chips are not cars. Just because it was possible 6 months ago doesn't mean it is possible now, ESPECIALLY if you're a small customer. The fact that huge companies like AMD or Nvidia have issues with production at foundries should give you an idea of what it's like for Avalon.

Even if it WAS like cars, surely you can understand how a small customer might make an order for 10,000 cars and receive them as planned, because the manufacturing line is below capacity. But if Toyota comes along and asks for 1,000,000 units (I understand that car companies tend to own their factory - semiconductor companies usually do not), they might get shut out completely when they try to make their next order, because the manufacturing plant is at 100% capacity and cares far more about making Toyota happy than some punk with a 10,000-car special order.

If you could do this as a child, you should be a titan of industry by now.

Whether or not it is difficult or Avalon had some troubles that they didn't intend or couldn't foresee is completely irrelevant in the legal sense. They stated they would have the chips within a certain time-frame and they are obligated to that time-frame regardless of what mishaps or unforeseen circumstances transpired. We do not owe them sympathy or a break. If Avalon doesn't want to own up to the risk associated with delivering product on time based upon a contract then they need to get out of the business.
1388  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 02:34:10 AM
We need to stop doing business in China. There are chip manufacturers elsewhere, there are probably a couple in the US. Pay the little bit extra.

Agreed.

Chinese typically have little values when it comes to customer service. All they give a fuck about at the end of the day is making a dollar and will try to take it any which way they can.
And they will steal your tech and run-off extra batches for their black-market customers.
1389  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 02:17:38 AM
We need to stop doing business in China. There are chip manufacturers elsewhere, there are probably a couple in the US. Pay the little bit extra.
1390  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 01:40:12 AM
The only evidence I've seen is the images from the last page.

So the first tonne of chips went from China to Hong Kong, China.

Is that one flight all the evidence of the shipping journey we have?

Could the chips be being held by Hong Kong customs since the end of that first flight?

If Avalon had been ripped off somehow, would they be able to make it public knowledge?  Would they instead attempt to send out another delivery to fullfill those missed orders, hoping to catch up as soon as they could?  Would they be so bad after all, if that were the case?

What other evidence is there please?
If they were ripped-off and tried to fulfill missing orders without telling everyone what actually happened and not stated what they were doing to correct the "theft" then that is a problem.
1391  Bitcoin / Hardware / Re: Off-Topic on: August 17, 2013, 01:20:06 AM
Just did an estimation over at http://www.coinish.com/calc/#. Assuming an 11.7% reduction in profitability each week, I won't make $300 over the course of a year with 18 GH/s. Had we got these when we were supposed to I would have broke even around 30 days.

At some point, not sure when, the difficulty rise will drop-off drastically. This probably won't be for another year or two - once the mining companies start maximizing the ASIC performance.



If bitcoin price rises you can roi in Us$.  If you bought using bitcoins, you probably won't roi in bitcoins.
Thank you for that simple yet intelligent post. Yes your right and that is a point that is so looked over in all the threads while they are biatching about their roi's... if BTC 150.00 hey we're all fine for a while, 200,,,looking good, ...250. we smell like a rose Smiley If BTC does not rise, than we are all just chasing our own tails.
No, if you don't make back your Bitcoin in terms of the price at which you made the ASIC pruchase than you lose. If you bought a miner at 1 BTC= $100 for $1000, if you don't mine at least 10 BTC in its lifetime or sooner really, you lost. You should never factor increasing price for ROI. If you are depending on increasing Bitcoin price then you should have bought 10 BTC when they were $100.

Stop spreading nonsense - more FUD to distract the noobs away from the fact that they are getting screwed with the late delivery.
1392  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 01:11:38 AM

In the real world when people don't meet deadlines they pay for the damages.


That's not always true.  Generalizations like this are not helpful.  The bigger the deadline the more wiggle room is usually built in.  Two weeks is really not a ridiculous delay, and anyone with good business sense understands that large projects have large unforeseen problems.  Not anticipating some kind of hiccup is the sign of a bad businessman.  When you are dealing with this kind of money, not at least calculating the risk of a delay (especially with someone at the helm who's never run this scope of a project before) is doing yourself a disservice.  Seriously, who here DIDN'T expect at least a little delay?  Batch #1 #2 and #3 all experienced delays.  

The vitriol and anger spilling out of this thread is extremely telling.  

There is no wiggle room when the object of the contract is time-sensitive. It has been and will be more than a two-week delay and these products are extremely time-sensitive. Whether or not you think that good business sense dictates that there could be a delay does not justify the delay in the legal sense.

Your shilling is extremely telling.

Quote
Why do people keep saying CHINA?  Bitsyncom is a USA corporation, incorporated in the state of Nevada.  It is NOT a chinese company.
Because they are trying to make excuses for Avalon and Bitsyncom for whom they shill. They want to redirect/absorb the emotions and delay/prevent any actions against Bitsyncom and Avalon.
1393  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 12:59:36 AM
I've seen lots of wild accusations and aimless anger, without any hard proof that Avalon have done anything wrong. There are always risks with customs, manufacture etc.; the delivery date was always a target - not guaranteed. Everyone needs to calm down: no one was promised ROI.
This isn't true. The group buys were guaranteed the chips within 9-10 weeks of purchase.


Could you link me this guarantee, please?


The "no bullshit " contract was posted here multiple times.
1394  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 12:54:03 AM
There is nothing unique about these delays reported all across the Bitcoin mining industry as it's what we see also see in the 'real world'. 

Companies set deadlines and targets and issue statements which they genuinely believe to be accurate but due to unforseen circumstances are unable to honour.

The only difference is that in the 'real world' I might be getting angry because the roof hasn't arrived for the house I'm building, but the pool table has already.

Or, I might get angry because the Christmas present I wanted to give my wife is stuck in some sorting office somewhere until after New Year.

How we chose to conduct ourselves when we face adversity is what defines us.

None of this matters. Either Avalon contracted to deliver by a certain date or it didn't. If it missed that date it violated contract and can be legally held liable for damages and missing product. You are trying to frame it as if it all no big deal and everyone should just give up on trying to pursue any course of action to rectify the damages - just relax and let it all go. In the real world when people don't meet deadlines they pay for the damages.

you are doing a disservice to the Avalon customers - trying to get them to stay quiet.
1395  Bitcoin / Hardware / Re: Off-Topic on: August 17, 2013, 12:35:43 AM
People sue and win damages based on potential profit often for contractors who don't meet their deadlines. It doesn't need to do any ROI. You can claim compensatory damages which awards the plaintiff as if the contract had been fulfilled.

http://abramsonlegal.com/2009/09/money-damages-and-breach-of-contract-cases/
OK, I read the link, and while you can obviously sue for anything you'd like, nothing in the article you posted gives me any great confidence that you would be successful.  But I'm happy to concede the point as it does appear that you'd at least have a fighting chance.
It isn't an article it is the website of an attorney who sues people for this very purpose. He wouldn't advertise it if it wasn't profitable - usually in those types of cases the attorneys are paid as some percentage of the awarded damages.
1396  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 12:28:45 AM
Everyone trying to make purchasers feel guilty for "risking" money, claim that Avalon hasn't really done anything wrong, calling people crybabies, claiming there were no guarantees on delivery dates, etc. might as well be the thieves mining with our chips.
1397  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 17, 2013, 12:21:33 AM
I've seen lots of wild accusations and aimless anger, without any hard proof that Avalon have done anything wrong. There are always risks with customs, manufacture etc.; the delivery date was always a target - not guaranteed. Everyone needs to calm down: no one was promised ROI.
This isn't true. The group buys were guaranteed the chips within 9-10 weeks of purchase.

The sound the group buy leaders make...(silence). Why?
Because they know that anything said against BitSyncom means their delivery will be delayed.
Quite understandable.
They've been put into a very difficult position and the only real way out for them is to get the chips as fast as possible.
Risking being given more delays on purpose due to commenting badly about Avalon would not really be a good idea.
Nonsense. Bitsyncom is not going to further delay chips if the group buy leaders get a lawyer to force Yifu into face-to-face talks and get real answers. Everything you said is total crap, there is no threat of further delays by requiring Bitsyncom to fess-up the facts.
1398  Bitcoin / Hardware / Re: Off-Topic on: August 17, 2013, 12:17:31 AM
The only risk they took was that they may have to use legal or PayPal/CC means to recoup their money in the case they weren't delivered on time or at all. They are owed, in a legal sense, any losses which they incurred due to late delivery. It doesn't always work out that the business has the assets to fulfill that and they often declare bankruptcy.
This I very much doubt.  While I'm certainly no legal expert I would think any contract implied would stretch only to the product and it's capabilities, i.e. hashrate.  Unless Terrahash used verbage to indicate expected ROI then I doubt they can be held to any loss of income through late shipment.  I base this purely on my very limited knowledge that when multimillion dollar contracts are written, reviewed by legal teams and ultimately signed, there is often language contained in said contract that specifically discusses penalties owed from vendor to purchaser for late delivery.  I'm happy to be told I'm wrong by an actual legal expert or by anyone who can show me legal precedent, but while I understand your argument perfectly well, would it actually hold up in court?

As for the first part, the risk, I agree with you there for the most part.  I would say that the risk extends beyond having to fight to get the money back, to actually ever getting all or just some of it back, although buyer protection from PayPal/CC should alleviate that.
People sue and win damages based on potential profit often for contractors who don't meet their deadlines. It doesn't need to do any ROI. You can claim compensatory damages which awards the plaintiff as if the contract had been fulfilled.

http://abramsonlegal.com/2009/09/money-damages-and-breach-of-contract-cases/
1399  Bitcoin / Hardware / Re: Incoming Avalon News 8/9/2013 on: August 16, 2013, 11:59:59 PM
The sound the group buy leaders make...(silence). Why?
1400  Bitcoin / Hardware / Re: Off-Topic on: August 16, 2013, 11:47:29 PM
To be honest, no one really "took the risk". We all purchased based on verbal contract that things would be delivered within a certain time-frame. If they weren't delivered, then contract was violated. It isn't up to any purchaser to own up to the late boards/chips, they have every right to pursue any legal course of action to remedy the situation. No purchaser is at fault.

TH isn't going to send everyone extra boards or gen 2 boards for free and it won't matter anyway, the window of opportunity is closed or almost closed. Difficulty will be at or above 75 M by the time anyone here gets thier boards and will within two weeks be up to 100M. You needed to be mining through the pre 50M and 50M diff to hit your ROI.
Very true that no purchaser is at fault, but every purchaser most definitely took a risk when they pre-ordered with the full knowledge that a product didn't exist.  They took that risk so that they could be the first with the new boards.

I signed up for the emails from Terrahash before they opened up pre-orders.  I ultimately decided not to order because I wasn't prepared to take the risk of missed delivery.  I knew that that would put me behind the curve if they ever got the items to a point where I could order and get delivery within a few days to a week, but that's what I was most comfortable doing.  If I had more liquid assets to invest I might have seen things differently, but I definitely made the decision based on risk.  If anyone paid Terrahash money on a promise of goods and didn't see it as a risk, however trusting they were, then they're fools.  That's not to say that they don't deserve refunds if they want, or the goods they've purchased ASAP, but beyond that I don't see that they're owed anything for loss of ROI.

The only risk they took was that they may have to use legal or PayPal/CC means to recoup their money in the case they weren't delivered on time or at all. They are owed, in a legal sense, any losses which they incurred due to late delivery. It doesn't always work out that the business has the assets to fulfill that and they often declare bankruptcy.
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