Legality or Illegality of using other peoples computer to mine coins

[Xialla]

not sure, if simply illegal is correct term, but it is at least non-ethical and and totally unprofitable. you are risking loss of your visitors and somebody, who will find out what are you doing and start doing nasty things with your site (bombing ads, ddos, reporting to authorities or attempt to hack)

is better find other ways how to earn btc than this one:)

[Codesmith]

 I wish noone after 2013 learn what a bitcoin is.

 There are toooooo many idiots who log in here and pour shit out of their fingertips.

 I spesifically mentioned that both me and the visitor will agree on such an agreement and yet there are still too many idiots talking about if I do it in secret I will get in trouble , one retard even mentioned about a gaming company who secretly mined through other peoples computers...

 My question was if we are both willing and the visitor clicks on an agreement , is that binding? Can I say he clicked on it and be done with it? Or can he sue me EVEN after clicking 'agree the terms and conditions' ?

[Amph]

 I wish noone after 2013 learn what a bitcoin is.

 There are toooooo many idiots who log in here and pour shit out of their fingertips.

 I spesifically mentioned that both me and the visitor will agree on such an agreement and yet there are still too many idiots talking about if I do it in secret I will get in trouble , one retard even mentioned about a gaming company who secretly mined through other peoples computers...

 My question was if we are both willing and the visitor clicks on an agreement , is that binding? Can I say he clicked on it and be done with it? Or can he sue me EVEN after clicking 'agree the terms and conditions' ?

then why you're talking about legality? if there is their consensus, it is obvious that this whole thing is legal there isn't much to discuss about

[Codesmith]

 The question is not if they will agree , its if even they agree , is there any possibility of getting sued , they might charge me with something like damaging their computer or so I am not sure.

[ranochigo]

 The question is not if they will agree , its if even they agree , is there any possibility of getting sued , they might charge me with something like damaging their computer or so I am not sure.

Possibly not, just add this in the terms and conditions. [Mining is resource intensive, I will not be responsible for any damage done to your computer. In no event shall we be held liable for any damage to your computer.] If they agree, they can't sue you since they know that you are doing cryptomining and it is resource intensive.

[shorena]

 The question is not if they will agree , its if even they agree , is there any possibility of getting sued , they might charge me with something like damaging their computer or so I am not sure.

Possibly not, just add this in the terms and conditions. [Mining is resource intensive, I will not be responsible for any damage done to your computer. In no event shall we be held liable for any damage to your computer.] If they agree, they can't sue you since they know that you are doing cryptomining and it is resource intensive.

Well, if parts of the terms and conditions are violating laws they are nil. I would still go the route and make a very obvious warning like:

WARNING! Using this website / game / whatever is using extensive resources of your computer. It is your responsibility to make sure your machine is sufficiently cooled while using this website / game / whatever. We take no responsibility yadda yadda yadda. We decided to go this route instead of the usual advertising model to make sure we... yadda yadda yadda

Honestly its probably not even needed. I have read many EULA and terms for different video games and there never was a warning that the game might put the system under heavy load. Its implicit. Why should it be different for browser games? Hell, on some systems imgur causes heavy load, I dont see them issuing a warning either.

The Counter Strike issue is a completely different issue because that was indeed software that used your machine while it should not have been running. This is completely different. If you want to be extra careful you can offer an opt-out version that is running heavy advertising.

[ajareselde]

 The question is not if they will agree , its if even they agree , is there any possibility of getting sued , they might charge me with something like damaging their computer or so I am not sure.

In theory, they could sue you for even unrelated damage to their hardware due to oveheating,etc. The way around this is by having a very good and detailed disclaimer poping up
once they visit the site.
Regarding profits, i'm away from CPU mining coins for a long time, so i wouldn't know the profitability, but imho, it probably wouldn't be worth it.

cheers

[98problems]

how can it be legal doing that? it would use up their hardware, its the same like it would be legal to use others money, you would use it up and thats it

[ajareselde]

how can it be legal doing that? it would use up their hardware, its the same like it would be legal to use others money, you would use it up and thats it

I'ts legal for the reason because op is making it clear that they are participating in this mining by warning the beforehand.
It's not like he is trying to force them into silent mining, but rather it would give them reward in form of game currency to allow them to actually play the game he is offering.

cheers

[pooya87]

how can it be legal doing that? it would use up their hardware, its the same like it would be legal to use others money, you would use it up and thats it

I'ts legal for the reason because op is making it clear that they are participating in this mining by warning the beforehand.
It's not like he is trying to force them into silent mining, but rather it would give them reward in form of game currency to allow them to actually play the game he is offering.

cheers

it is not legal unless he asks them to accept some kind of terms and services and in those terms mentions clearly what he is doing (using their cpu power to mine an altcoin and earn money this way) and also clearly warns them about the risks (overheating, and any kind of damage that might cause their hardware) and gets their agreement on the matter before attempting it.

[shorena]

how can it be legal doing that? it would use up their hardware, its the same like it would be legal to use others money, you would use it up and thats it

I'ts legal for the reason because op is making it clear that they are participating in this mining by warning the beforehand.
It's not like he is trying to force them into silent mining, but rather it would give them reward in form of game currency to allow them to actually play the game he is offering.

cheers

it is not legal unless he asks them to accept some kind of terms and services and in those terms mentions clearly what he is doing (using their cpu power to mine an altcoin and earn money this way) and also clearly warns them about the risks (overheating, and any kind of damage that might cause their hardware) and gets their agreement on the matter before attempting it.

Please state the law you think this covers. Just because you think it should be prohibited by law to use someone elses computing power without their explicit consent does not mean it is prohibited by any law. In fact I think its impossible as the disclaimer and the display of the terms of service is already using your computer power to display itself. And it could have the same risk of overheating your machine as other scripts or programms that run on your computer without your explicit consent.

[odolvlobo]

Please state the law you think this covers. Just because you think it should be prohibited by law to use someone elses computing power without their explicit consent does not mean it is prohibited by any law. In fact I think its impossible as the disclaimer and the display of the terms of service is already using your computer power to display itself. And it could have the same risk of overheating your machine as other scripts or programms that run on your computer without your explicit consent.

I don't know if pooya87 is right about what makes it legal or not, but I think these are the laws you are looking for:

In April 2073, Defendants E-Sports Entertainment, LLC ("ESEA" or the
'oCompany"), Eric Thunberg ("Thunberg") and Sean Hunczak ("Hunczak") (collectively
"Defendants") created and developed malicious software code that infected the computers of
thousands of ESEA customers ("end-users"). Using ESEA's videogame anti-cheat software
program ("ESEA Software"), from April 12, 2013 through April 30, 2013, at least Defendant
Hunczak, downloaded the malicious software code onto end-users' computers to create an
unauthorized computer network for the purpose of mining for bitcoins ("ESEA Botnet").
...
Defendants' conduct constitutes deceptive and unconscionable commercial
practices pursuant to the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. ("CFA") and
unauthorized access pursuant to the New Jersey Computer Related Offenses Act, N.J.S.A.
2A:384-1 et seq. ("CROA").

[pooya87]

@shorena
it is in Ten Commandments
1) Thou shalt not interfere with the works and files of other people.
2) Thou shalt not sneak around in other people's computer files.
3) Thou shalt not use a computer to steal and do negative things.
4) Thou shalt not use a computer to bear false witness.
5) Thou shalt not copy or use proprietary software for which you have not paid.
6) Thou shalt not use other people's computer resources with no authorization or proper compensation.
7) Thou shalt not appropriate other people's intellectual output.
Thou shalt think about the social consequences of the program you are writing or the system you are designing.
9) Thou shalt always use a computer in ways that ensure consideration and respect and safety for your fellow humans.


but in seriously i am not a law student so i can not tell you where exactly in the law says that but i say this because of incidents like this:
"Gaming Company Fined $1 Million For Secretly Using Players' Computers To Mine Bitcoin"
this was a 2013 event. google it and you might find the law that covers it.

[shorena]

@shorena
it is in Ten Commandments
1) Thou shalt not interfere with the works and files of other people.
2) Thou shalt not sneak around in other people's computer files.
3) Thou shalt not use a computer to steal and do negative things.
4) Thou shalt not use a computer to bear false witness.
5) Thou shalt not copy or use proprietary software for which you have not paid.
6) Thou shalt not use other people's computer resources with no authorization or proper compensation.
7) Thou shalt not appropriate other people's intellectual output.
Thou shalt think about the social consequences of the program you are writing or the system you are designing.
9) Thou shalt always use a computer in ways that ensure consideration and respect and safety for your fellow humans.

But they get compensation, whether or not thats proper depends on each individual user.

but in seriously i am not a law student so i can not tell you where exactly in the law says that but i say this because of incidents like this:
"Gaming Company Fined $1 Million For Secretly Using Players' Computers To Mine Bitcoin"
this was a 2013 event. google it and you might find the law that covers it.

This is to odolvlobo as well.

I am no law student either, but the CS case is completely different. They forced participants of a tournament to install software in order to detect possible cheaters. The software in question did not openly state that it was also mining bitcoins and the software in question did mine bitcoins while it was not "used", as in while they did not play CS, but watched porn browsed imgur to relax for the next game. Thats a big difference. The way I understand OP they are stating that the CPU (possibly GPU) is used to mine certain coins, be that in the small print or a big red warning does not matter IMHO. If you accept terms without reading them, well prepare to get paypaled. Additionally OP is not injecting any software that runs in the background into the users machine, but once the browser tab is closed and the user stops playing the mining algorithm stops running.

[ObscureBean]

If you want to stay legal and ethical you'd need to let the visitors know exactly what you're doing and how much of their system resources you gonna be tapping into. Mining can be strenuous on hardware, especially on old pcs. Last year, Google took down an android app that was secretly mining coins for it's owner 

[Bitdonator]

Its so simple:

if people know that you use their PC to mine coins, its legal....

if people DONT know that u mine coins with their PC, its illegal

[RealBitcoin]

Yea but if their pc gets devastaded and their cpu burned, then you are liable for those material losses.

So you might earn 2-3$ daily from it, but you will get the bills of Alice and Bob sending you 600€ bills to buy them a new PC.

Not worth it.

[medhat]

There is no problem in mining through regular computers, but the problem is that this may hurt the very potential of the device where (graphics card and processor)
You must warn

[GuessWho?]

You arent the first with that idea. But i would not suggest following it.

First thing is that its not worth hit anymore. Even when you let a big amount of browser work for you, its too few return.

Second thing is that there were already people sued for that. Since of course your users will find it strange why their browser is lagging so hard.

I suggest better not try this out. Risk and reward are simply in no good relation.

I agree. It's just not worth it.

I thought of the same idea but found that it's not worth the lag your site will put on the visitors computer...You want them to come back.

[Amph]

There is no problem in mining through regular computers, but the problem is that this may hurt the very potential of the device where (graphics card and processor)
You must warn

he will only use a samll portion of the power of their computer/graphic, it will no use 100 or somethig, or they computer will slow down too much

using 10% of many computer will cover the mining already