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Author Topic: Time to sue ButterflyLabs - Big Single-SC owner let's league for class action  (Read 39293 times)
Bicknellski
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October 23, 2013, 07:09:26 AM
 #781

if you sue - you only get the damages lost - there is no way to prove beyond a reasonable doubt that mining income had been lost and furthermore to identify what that exact amount of mining revenue is.  There is no way to prove the value of the income lost because they would need to establish a bona fide shipping date within the receipt terms...it wasn't.  The law makes judgments and issues punitive damages on past proven figures...not subjective speculations - as someone here points out earlier, you only see your money refunded to you...not the speculated gains that could have been mined and/or sold.  I am no lawyer...that was just my opinion at work.

Seems like someone should investigate the link between the pool Inaba runs and BFL shipping delays. Sort of like GM making a car driving it around for 12 months and then rolling back the odometer and saying it is a new car right?

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Bicknellski
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October 23, 2013, 07:32:19 AM
 #782

Darin, you really need to seek help.  You are in contact with children on a daily basis and you are unstable and delusional.  I honestly fear for the children you are in charge of.  You see me in every poster on this forum.  You disbelieve benign government websites like the FCC's (You probably think I somehow hacked into the FCC's DB and changed things, no doubt.).  You are one screwed up individual man.  It's no wonder you had to travel to Asia to start your own school, no Canadian or US institution would allow you within 250 feet of a child after seeing your mental evaluation scores.

That weirdo work with children ?!?  Shocked
In Asia...yeah...yeah...ok...i have the picture now...

Yeah, check this out: http://www.canadianmontessori.org/about.html

Click the mail to link on the top.  Guess who's name pops up... and the whois registration for the domain, you guessed it, our friend Darin Bicknell.  Talk about frightening.  He couldn't get approved in Canada (I suspect because of his legal problems) and decided to move somewhere with less stringent laws governing people such as himself coming in contact with children.  I believe his wife is listed as the "owner" of the school, which is probably why he was able to pass a background check to get the place started.  For bonus points, check out his video's on Youtube.  Dude is classic coiled spring waiting to go off.


As opposed to trusting you Mr. Zerlan?

03-2287 - DIRECTV INC V. PUCCINELLI ET AL.

Robert Puccinelli, Counter Claimant
Reid Roberts, Counter Claimant
Directv, Inc., Counter Defendant
Robert Puccinelli, Defendant
Reid Roberts, Defendant
Bryan Stanley, Defendant
Bill Strauss, Defendant
William Turner, Defendant
Eric Wade, Defendant
Clayton White, Defendant
Ken Yarnevich, Defendant
Josh Zerlan, Defendant
Directv Enterprises, LLC, Plaintiff
Directv Group, Inc, Plaintiff
Directv Holdings, LLC, Plaintiff
Directv, Inc., Plaintiff
Fox Entertainment Group, Inc., Plaintiff
News Corporation, Plaintiff

How did that work out for you Josh... did you get free cable?

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ldtran26
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October 25, 2013, 07:02:41 PM
 #783

Josh is calling us animals lol


Josh in his respond:

I'm sorry that you feel deceived. I have never replied to anyone on Facebook to speak of, so I don't know what you're referring to, perhaps if you can provide a link?

Please stop lying about the forum moderation. The only time posts are "cleaned" is when they are redundant, trolls or spammy. There are plenty of negative posts on the forum and anyone with any ounce of integrity would already know that and admit the fact that these forums are not censored beyond removing the most useless or trollish posts. If your post was removed it was because it held absolutely no value and did not belong on the forums. If you want your posts to remain, you have to post like an adult and not a kid throwing a tantrum, which many of your posts are. I'm sorry that you feel the BFL forums are too mature for you, but if you want to act like a child please go to Bitcointalk... that is the playground for people acting like animals, not here.


https://forums.butterflylabs.com/pre-sales-questions/5525-really-necessary-2.html
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October 25, 2013, 10:32:26 PM
 #784

Funny how many people say law suit... Anyone ever actually filed one?
Bicknellski
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October 26, 2013, 08:33:36 AM
 #785

Funny how many people say law suit... Anyone ever actually filed one?

Funny how BFL fails to follow FTC regulations. At some point it won't require a lawsuit.

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October 26, 2013, 11:20:56 PM
 #786

I'm surprised nobody has actually done this yet.  They sold a bunch of those minirigs for $20k+ and nobody can afford a lawyer to sue these guys?
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October 26, 2013, 11:37:54 PM
 #787

I'm surprised nobody has actually done this yet.  They sold a bunch of those minirigs for $20k+ and nobody can afford a lawyer to sue these guys?

That would require having something to actually sue for.  Piss poor internet lawyers aside, a real lawyer would tell you that you have no case.

If you're searching these lines for a point, you've probably missed it.  There was never anything there in the first place.
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October 26, 2013, 11:45:19 PM
 #788

I'm surprised nobody has actually done this yet.  They sold a bunch of those minirigs for $20k+ and nobody can afford a lawyer to sue these guys?
That would require having something to actually sue for.  Piss poor internet lawyers aside, a real lawyer would tell you that you have no case.

... Except for that entire part where real lawyers view your actions as a legitimate breach of contract case.

 You are absolutely right that you need something to actually sue for; your current product offerings are arguably worthless - much like your estimimates.

*mumbles something about reality*
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October 27, 2013, 12:07:14 AM
 #789

That would require having something to actually sue for.  Piss poor internet lawyers aside, a real lawyer would tell you that you have no case.

Is that why you stopped accepting PayPal and credit cards after you guys got your asses handed to you in all your disputes and chargebacks?  Because nobody had a legitimate case against you?  It would seem that every professional financial company disagrees with you which is why you have to do business in BTC only now.
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October 27, 2013, 12:24:34 AM
 #790

I'm surprised nobody has actually done this yet.  They sold a bunch of those minirigs for $20k+ and nobody can afford a lawyer to sue these guys?

Man...this forum is full of "internet lawyer", every one want sue BFL...no day without a new Pitchfork style treads like "Time to sue BFL vol. 15"
It's boring...

No one have balls...and something to actually sue for...  Roll Eyes
mruiter
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October 27, 2013, 12:28:03 AM
 #791

Well, BFL is still holding 250 dollars of me after the confirmed that they refunded me.

That is stealing and a criminal offence. If i was living nearby there would at least be some casualties at there office. Got to let my anger reflect at something Smiley

It still is just plain funny that some people are still happy when they receive there bfl bag of stones. Thats what the BFL's are.

Even when the Monarch wille ever come in 2014 you should be happy to ever make a bitcoin.

❘|❘ ICONOMI  Fund Management Platform
  LINK TO ICO | LINK TO DISCUSSION
the_remote
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October 27, 2013, 12:38:24 AM
 #792

Man...this forum is full of "internet lawyer", every one want sue BFL...no day without a new Pitchfork style treads like "Time to sue BFL vol. 15"
It's boring...

No one have balls...and something to actually sue for...  Roll Eyes

Of course there are.

Quote
Q. What are the Supplier’s responsibility to the Customer for incidental and consequential damages?
A. Incidental and Consequential Damages are the Buyer’s Remedies at Law if the Supplier breaches the Contract. A Remedy at Law is a right that is automatically available to a contracting party.

In other words, if the Supplier is late in delivering, or delivers defective products or services, or in any way breaches the Contract, the Supplier is automatically liable (responsible) to the Buyer for reimbursement of these damages even if the Contract says nothing about them nor did the Buyer or Supplier ever discuss them.

Here is an excerpt from a site from an ACTUAL (not internet) lawyer.  Sales contracts have certain automatic protections that don't even have to be in the contract.  This is common law in the United States.  If you want to read about sales contract law yourself on a site by an actual lawyer, click this link where I got the excerpt: 

http://www.salescontractseminars.com/leslie_marell_faqs.asp
Inaba
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October 27, 2013, 02:06:21 AM
 #793

Man...this forum is full of "internet lawyer", every one want sue BFL...no day without a new Pitchfork style treads like "Time to sue BFL vol. 15"
It's boring...

No one have balls...and something to actually sue for...  Roll Eyes

Of course there are.

Quote
Q. What are the Supplier’s responsibility to the Customer for incidental and consequential damages?
A. Incidental and Consequential Damages are the Buyer’s Remedies at Law if the Supplier breaches the Contract. A Remedy at Law is a right that is automatically available to a contracting party.

In other words, if the Supplier is late in delivering, or delivers defective products or services, or in any way breaches the Contract, the Supplier is automatically liable (responsible) to the Buyer for reimbursement of these damages even if the Contract says nothing about them nor did the Buyer or Supplier ever discuss them.

Here is an excerpt from a site from an ACTUAL (not internet) lawyer.  Sales contracts have certain automatic protections that don't even have to be in the contract.  This is common law in the United States.  If you want to read about sales contract law yourself on a site by an actual lawyer, click this link where I got the excerpt:  

http://www.salescontractseminars.com/leslie_marell_faqs.asp

Huh, funny, I don't see BFL or Bitcoin anywhere in that link.  Can you show me your contract?  You wouldn't be lying, would you?

If you're searching these lines for a point, you've probably missed it.  There was never anything there in the first place.
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October 27, 2013, 02:10:06 AM
 #794



Huh, funny, I don't see BFL or Bitcoin anywhere in that link.  Can you show me your contract?  You wouldn't be lying, would you?


 Huh

bullshit baffles brains ! Don't no what ur talking about man.

SUGAR
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October 27, 2013, 03:34:07 AM
 #795

There's nothing in there about BFL or Bitcoin.  Why would there be? 

It is United States sales contract law that applies to all sales.  Somebody could easily sue your company for sales of late and/or defective hardware.  Since you made sales within the United States you are bound by contract law. 

That link specifically tells you that you don't need a contract to exercise your rights.  You making a business sale to a consumer binds you to certain regulations in the US that are common law when it comes to sales contracts.  "A Remedy at Law is a right that is automatically available to a contracting party."  When you made a sale to a consumer and they paid you, you entered into a contract to deliver that product at a widely advertised date that you didn't come within countless months of meeting and refused to refund people their money.

You unquestionably violated those provisions, which is why I stated earlier that I am surprised nobody has sued your company yet for horrendously late delivery than what you openly advertised all over the internet in your giant big budget advertising campaign.  It would be simple to prove in court that you widely advertised a deadline and made thousands of sales to people based on that deadline and then refused to refund customers when you failed to meet that deadline.

Do you see any other companies that operate this way in the US?  No?  That's because it's against the law and if somebody does pony up for a lawyer it would be an easy case to prove that you violated basic United States sales contract law.  It is also why all of your payment companies reversed your payments.  It simply is not legal to operate a business like you do.

If you wanted to bring yourself into compliance with the law you would refund anybody who wants to cancel their preorder on the grounds that you have failed to deliver in the specified timeframe.  Eventually somebody with deep pockets is going to get burned by you and you are going to have a lawsuit on your hands.

I'll give you a free tip.  If you want to bring your company into compliance with the law then you need to refund orders when you haven't delivered within your timeframe you have publicly advertised that the product will be delivered.  Not only is this the right and decent thing to do, it is also the law of the land when it comes to sales contracts.
tool_462
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October 27, 2013, 03:39:11 AM
 #796

Well, BFL is still holding 250 dollars of me after the confirmed that they refunded me.

That is stealing and a criminal offence. If i was living nearby there would at least be some casualties at there office. Got to let my anger reflect at something Smiley

It still is just plain funny that some people are still happy when they receive there bfl bag of stones. Thats what the BFL's are.

Even when the Monarch wille ever come in 2014 you should be happy to ever make a bitcoin.


So...that bold part is worse than stealing.  Even writing it and not acting...

Just a heads up.

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October 27, 2013, 04:27:43 AM
 #797

There's nothing in there about BFL or Bitcoin.  Why would there be? 

It is United States sales contract law that applies to all sales.  Somebody could easily sue your company for sales of late and/or defective hardware.  Since you made sales within the United States you are bound by contract law. 

That link specifically tells you that you don't need a contract to exercise your rights.  You making a business sale to a consumer binds you to certain regulations in the US that are common law when it comes to sales contracts.  "A Remedy at Law is a right that is automatically available to a contracting party."  When you made a sale to a consumer and they paid you, you entered into a contract to deliver that product at a widely advertised date that you didn't come within countless months of meeting and refused to refund people their money.

You unquestionably violated those provisions, which is why I stated earlier that I am surprised nobody has sued your company yet for horrendously late delivery than what you openly advertised all over the internet in your giant big budget advertising campaign.  It would be simple to prove in court that you widely advertised a deadline and made thousands of sales to people based on that deadline and then refused to refund customers when you failed to meet that deadline.

Do you see any other companies that operate this way in the US?  No?  That's because it's against the law and if somebody does pony up for a lawyer it would be an easy case to prove that you violated basic United States sales contract law.  It is also why all of your payment companies reversed your payments.  It simply is not legal to operate a business like you do.

If you wanted to bring yourself into compliance with the law you would refund anybody who wants to cancel their preorder on the grounds that you have failed to deliver in the specified timeframe.  Eventually somebody with deep pockets is going to get burned by you and you are going to have a lawsuit on your hands.

I'll give you a free tip.  If you want to bring your company into compliance with the law then you need to refund orders when you haven't delivered within your timeframe you have publicly advertised that the product will be delivered.  Not only is this the right and decent thing to do, it is also the law of the land when it comes to sales contracts.

Because you posted it like it applied to BFL or bitcoin, it applies to neither.  Like I said... internet lawyers.  Dumb as a box of rocks.  How that Internet Law Degree treating you?

If you're searching these lines for a point, you've probably missed it.  There was never anything there in the first place.
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October 27, 2013, 04:33:58 AM
 #798


Because you posted it like it applied to BFL or bitcoin, it applies to neither.  Like I said... internet lawyers.  Dumb as a box of rocks.  How that Internet Law Degree treating you?

It applies to all businesses. Just because a business is bitcoin related does not put it above the law.
Not sure you actually read his post, or understand anything that is not insults.

SUGAR
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October 27, 2013, 04:34:46 AM
 #799

Dumb as a box of rocks.  How that Internet Law Degree treating you?

 How is Paypal treating you ?

 *hugs*
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October 27, 2013, 04:47:19 AM
 #800

He acts like a douche to everyone, making people mad and in turn they create new threads with 'BFL' in the title somewhere.

You might be on to something  Wink




Quote
Given that, a noob stops by and starts reading and what do thay see? ASIC = MONEY, ASIC COMPANY = BFL.

Surely noobs also ask themselves: "Why do so many people take the piss out of Josh/Inaba/BFL ..."



http://www.urbandictionary.com/define.php?term=bfl      http://www.urbandictionary.com/define.php?term=inaba
Butterfly Labs shipped the Jalapeno 10 months after first orders. They're still backlogged 7 months. If you're thinking of buying a BFL Monarch, think again.
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