5 ms·

Bitcoin does not preclude the use of the legal system or other channels of recourse.

by TTPrograms 8y ago

garmaine 8y ago
Legal system can’t force a bitcoin transfer. (Not relevant to TFA though.)
- mieseratte 8y ago
  But it can lock your ass in a cage for contempt. The law doesn't work like code. You don't get to go "Ha! I found a loophole if you read this in the strictest, most literal sense!" You get a human who will read right past your bullshit and nail you to the cross.
  - garmaine 8y ago
    If the keys are gone, the keys are gone. “I’m afraid I just don’t recall my recovery phrase, senator.”
    - vageli 8y ago
      "I'm afraid I don't recall where I buried the money from the robbery, your honor." Somehow I think courts have dealt with this type of thing in the past.
      - deleted 8y ago
        [deleted]
      - garmaine 8y ago
        yes, they have: https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_...
    - DanBC 8y ago
      That just means you get jailed for contempt until you can persuade them that you actually can't remember the keys, and that you're not just trying to ignore the court order. That could be some years. http://abcnews.go.com/2020/story?id=8101209&page=1 http://abcnews.go.com/2020/story?id=8101209&page=1 > A 73-year-old Philadelphia lawyer walked out of prison July 10 after serving 14 years for contempt of court -- the longest term ever served for contempt. > In a divorce proceeding in 1995 H. Beatty Chadwick said that he had lost his fortune of about $2.75 million and so could not make a significant financial settlement with soon-to-be ex-wife Bobbie.
    - Spooky23 8y ago
      Judge: “No problem, we take cash.”
    - greenshackle2 8y ago
      I guess you'll be paying in cash then!
  - mindslight 8y ago
    This is frequently repeated. But it doesn't really describe how law works, but how courts work. There are plenty of powerful people who get off via such "loopholes", and plenty of powerless who get nailed up even though they are standing on straightforward legal reasoning.
    - mieseratte 8y ago
      That's a pretty fair clarification. So long as you have a good enough lawyer, and a jury trial you could possibly get off on anything.
- ckocagil 8y ago
  Why not?
- madeofpalk 8y ago
  If I understand correctly, the legal system can’t force any kind of transfer. It can, however, apply penalties for not doing what it says.
  - tialaramex 8y ago
    The court has a remedy called "specific performance" at its disposal. If my problem is that you took my dog, the court absolutely can say "give back tialaramex's dog". Now, there's a philosophical sense in which this doesn't force you to actually give back my dog. But you could say that about all court remedies. I recommend just giving back the dog.

Bitcoin does not preclude the use of the legal system or other channels of recourse.

garmaine 8y ago

Legal system can’t force a bitcoin transfer. (Not relevant to TFA though.)

mieseratte 8y ago
But it can lock your ass in a cage for contempt. The law doesn't work like code. You don't get to go "Ha! I found a loophole if you read this in the strictest, most literal sense!" You get a human who will read right past your bullshit and nail you to the cross.
- garmaine 8y ago
  If the keys are gone, the keys are gone. “I’m afraid I just don’t recall my recovery phrase, senator.”
  - vageli 8y ago
    "I'm afraid I don't recall where I buried the money from the robbery, your honor." Somehow I think courts have dealt with this type of thing in the past.
    - deleted 8y ago
      [deleted]
    - garmaine 8y ago
      yes, they have: https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_...
  - DanBC 8y ago
    That just means you get jailed for contempt until you can persuade them that you actually can't remember the keys, and that you're not just trying to ignore the court order. That could be some years. http://abcnews.go.com/2020/story?id=8101209&page=1 http://abcnews.go.com/2020/story?id=8101209&page=1 > A 73-year-old Philadelphia lawyer walked out of prison July 10 after serving 14 years for contempt of court -- the longest term ever served for contempt. > In a divorce proceeding in 1995 H. Beatty Chadwick said that he had lost his fortune of about $2.75 million and so could not make a significant financial settlement with soon-to-be ex-wife Bobbie.
  - Spooky23 8y ago
    Judge: “No problem, we take cash.”
  - greenshackle2 8y ago
    I guess you'll be paying in cash then!
- mindslight 8y ago
  This is frequently repeated. But it doesn't really describe how law works, but how courts work. There are plenty of powerful people who get off via such "loopholes", and plenty of powerless who get nailed up even though they are standing on straightforward legal reasoning.
  - mieseratte 8y ago
    That's a pretty fair clarification. So long as you have a good enough lawyer, and a jury trial you could possibly get off on anything.
ckocagil 8y ago
Why not?
madeofpalk 8y ago
If I understand correctly, the legal system can’t force any kind of transfer. It can, however, apply penalties for not doing what it says.
- tialaramex 8y ago
  The court has a remedy called "specific performance" at its disposal. If my problem is that you took my dog, the court absolutely can say "give back tialaramex's dog". Now, there's a philosophical sense in which this doesn't force you to actually give back my dog. But you could say that about all court remedies. I recommend just giving back the dog.