...
coins(btc):"authorised possession" is a closer approximation..(still not perfect)
..
to possess is not to own. many people own the house keys to my home. they are authorised to possess the keys and authorised to come in my house. but they do not own my house.
it requires further proof of which key possessor "owns" what can be opened with the key.
EG if i can prove they have the deed. the house is their.
EG if i can prove by conversation logs that i asked someone for some coin and then use the ledger to show i received the coin with some conversation logs of saying i dont need to repay the coin. then the coin morally sits with me.
this is why i said possession and not owner.. possession is not ownership on its own merit. but on merit of other data
Usually, when it comes to property that is worth a sizable amount, governments require
registration with a centralized system to create a more efficient system of adjudication.
For example, houses have deeds, cars and boats have titles, insurance policies or other
agreement systems have contracts, a certain right to use things like driving a car or
owning a gun have licenses and/or permits. These forms of proof are usually stored in other
facilities to prove your claims of ownership. If I have a copy of your deed, title, or etc,
but with my name in it, the issue is which version was officially filed with its proper regulatory
agency. In a court of law, cases that involve these types of documents are usually easy
to determine ownership.
In court, if you have email communications between two parties that agree on terms on how btc tx
will occur and etc, and the other party violates those terms, and one takes the other to court to have
their btc returned or the equivalent in fiat, that agreement was memorialized within the email chain and
is the contract proof and the registered agency would be the court and the mechanism used would be
contract law interpretation.
With Bitcoin as it is intended to be used (no third parties), there are no such documented proof or
regulated agency to confirm registered ownership. The blockchain ledger is the only proof needed and
it is backed by private key control. The only required proof of ownership is the proof of possession or
control. If you apply legal rights on top of this new form of ownership (privatekey control), it will
need to have a legally recognized registration entity for efficient adjudication of bitcoin thefts and recoveries,
otherwise the court system will be overloaded with bitcoin thefts and other filings that are worthless, mostly
he said she saids, never go anywhere with final resolutions, or have contradictory legal determinations by
different judges with basically the same case arguments and evidence. The reason why there is no one voice
now as to what Bitcoin/bitcoin is on a legal aspect is because it violates property rights and laws by its nature.
I would argue, once again, that any such registration system would contradict Bitcoin's intention, but
would be needed for true enforcement along the lines of legal property as we know it.
commodity vs asset: the coins are not a raw material used for making other produce. so not a commodity. coins are an asset(possession).
possession alone does not equal ownership. but if you can prove how you obtained it moral. then it is deemed yours.
EG copyright/patent laws. just because you created a digital image does not mean its yours instantly. you have to register it to have proof that you are the moral possessor of it, to then claim it is yours
I agree it is more like an asset.
But as to whether it could be a commodity: If you burn bitcoins in a burn address in order to
convert those bitcoins into another form, can't bitcoin be a commodity (produce) in theory?
BTC has properties that are currently unknown to us, that may have different purposes in
the distant future. The fact is that we know what Satoshi "intended" it to be, but we don't
know how it will end up 50 years from now because it is so novel and adaptable.
hmm.. you got me thinking
technically a satoshi is the commodity
as that is the raw unit of measure behind it all.. and 100m satoshis used to 'form' a btc.
btc is just a 'basket'/group/common name of 100m satoshis.
just like bovine cattle is a 'basket'/group/common name of the underlying commodity, beef.
satoshi=commodity
btc=product/name of collection
Maybe. That could be argued in a way.
I'm only referring to the destruction of some amount of btc, in order to create a new system/
object/form/whatever. Since it has not been created yet, its hard to envision all the different
possibilities, but for simple example imagine a random system that will create an original art
object/piece based upon the the past history and date of the burn destruction of 0.0015btc. In
this way, bitcoin is no longer an asset or a currency and becomes a commodity that is consumed
to create a new original work of art. (BTC is also a commodity for Coloredcoin created from BTC burn.)
...
we shouldnt be thinking of centralised registration applications requests for moral proof by default.. but more so local evidence: of receipt. chat logs, etc
EG if ever in court we just show a receipt and chat log as evidence. no requirement of a centralized authority to store receipts/chatlogs.
though some could deem the posts in the exchange/escrow category as evidence and deem this forum as a central store of proof.. for those trading within the forum.
but thats just semantics of being lazy to not make your own terms and conditions/contracts locally and rely on just chat logs as moral proof
though the bitcoins own ledger is a store of receipt. we can also hold our own logs of "why" to cover the moral debate of who deserves it
especially with btc changing hands so fast that a central permanent store of current "why" x deserves z, wont work anyway in many cases.
EG coinbase just needs their own deposit history logs and their own terms of service to show why they deserve to keep the btc they possess. they dont need to register their T&C's with an authority.
though many can debate the authenticity of evidence if it has not been verified by third party.
but thats a debate that can be done in court if someone lost their btc to someone else immorally
evidence does not require centralization by default.
My point is that for bitcoin to be classified as a legal private property, it will need something
more than proofs of purchase. We will need a system that provides "proof of non-transfer",
meaning that we can prove that you didn't transfer it away in an attempt to deceive. A registration
system would be used to not only provide "proof of non-transfer" since each tx will be marked
with user ID from and user ID to, but also provide a ledger of "legal ownership", which will reside
for legal adjudication and governmental regulations.
I do not agree with this type of system, as I have said previously, I'm just saying this is where I
think it will lead. Majority of bitcoin thefts do not have agreements or receipts to fall back upon to
use in court systems.
When bitcoin is used as Satoshi "intended" only key control matters, even in theft. If we choose to
do otherwise, or argue that bitcoin can be a personal property or asset, we are effectively undermining
what Satoshi "intended".
Here is the question that I'm basing my belief upon:
Can you legally own anything that is a virtual asset, within a participatory non-regulated distributed virtual
ledger network, that does not provide any rights or guarantees by authority, and the only proof of asset ownership
within this decentralized system is that you can move that property, or that you could have moved that property?If you can answer the above with a "yes" with a rational that is legally sound, I would be impressed.