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Whoops, you made a mistake and
now it’s on a blockchain
What not to do
Making promises you cannot keep
From the “ICO Whitepaper Whitepaper” on June 6, 2017:
Fast forward to December 11, 2017...
… the “Munchee Order” from the
SEC
Overhyping and exaggerating
didn’t start with ICOs, just rewind to
bitcoin memes in 2014
That didn’t work out...
Rumor mongering is still part and
parcel of how coin-focused VC’s
drum up attention for deal flow to
their funds
This event didn’t actually happen
Or publicly bragging about something
you may not have
Claiming to be a coin creator… but analytics say no
Someone always cheats in the cartel
Putting lipstick on a pig… or renaming a
company in this case
What are the step-by-step
mechanics of this?
Subpoenacoin era: 2017 – to present
Arrestedcoin era: 2018 -->
In 2014 Ray Dillinger attempted a thankless task
Necronomicon
Dillinger’s cataloguing legacy lives on
At some point, we might even begin the era of “dead token
litigation.”
While not dead (yet), there is an interesting lawsuit that was
filed earlier in April 2018.
What about Nano?
tldr: a significant portion of Nano (formerly Raiblocks) were
being stored at an Italian exchange called BitGrail. BitGrail got
“hacked” and one of the plaintiffs hired a US law firm (Silver
Miller).
Part of the attempted recourse in the class-action suit is to
require the developers to coordinate an emergency chain “roll
back.”
These anecdotes, social media screenshots,
and actual court cases are just the tip of the
iceberg, which leads to the conclusion...
Code is not law
When validating transactions and code on a network:
How do we decide who has legal standing when something forks or breaks?
How do we decide who is liable when a hack or mistake occurs?
How do we decide who bears responsibility if a block reorg or orphan occurs?
How do we decide who is responsible for recourse and restitution?
How do we decide who has a contractual relationship to fulfill validating duties?
How do we decide who can enforce the rulings of disputes?
Or in short: when the system doesn’t behave like it was expected to, how do we decide who is at fault and
extract recourse?
Questions or comments?
Contact: tim@postoaklabs.com
37

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Color around Dead Token Litigation

  • 1. Whoops, you made a mistake and now it’s on a blockchain
  • 3.
  • 4.
  • 5. Making promises you cannot keep
  • 6. From the “ICO Whitepaper Whitepaper” on June 6, 2017:
  • 7. Fast forward to December 11, 2017... … the “Munchee Order” from the SEC
  • 8.
  • 9. Overhyping and exaggerating didn’t start with ICOs, just rewind to bitcoin memes in 2014
  • 11. Rumor mongering is still part and parcel of how coin-focused VC’s drum up attention for deal flow to their funds
  • 12. This event didn’t actually happen
  • 13. Or publicly bragging about something you may not have
  • 14.
  • 15.
  • 16. Claiming to be a coin creator… but analytics say no
  • 17. Someone always cheats in the cartel
  • 18.
  • 19. Putting lipstick on a pig… or renaming a company in this case
  • 20.
  • 21. What are the step-by-step mechanics of this?
  • 22.
  • 23. Subpoenacoin era: 2017 – to present
  • 24.
  • 26.
  • 27.
  • 28. In 2014 Ray Dillinger attempted a thankless task
  • 31.
  • 32. At some point, we might even begin the era of “dead token litigation.” While not dead (yet), there is an interesting lawsuit that was filed earlier in April 2018.
  • 33.
  • 34. What about Nano? tldr: a significant portion of Nano (formerly Raiblocks) were being stored at an Italian exchange called BitGrail. BitGrail got “hacked” and one of the plaintiffs hired a US law firm (Silver Miller). Part of the attempted recourse in the class-action suit is to require the developers to coordinate an emergency chain “roll back.”
  • 35. These anecdotes, social media screenshots, and actual court cases are just the tip of the iceberg, which leads to the conclusion...
  • 36. Code is not law When validating transactions and code on a network: How do we decide who has legal standing when something forks or breaks? How do we decide who is liable when a hack or mistake occurs? How do we decide who bears responsibility if a block reorg or orphan occurs? How do we decide who is responsible for recourse and restitution? How do we decide who has a contractual relationship to fulfill validating duties? How do we decide who can enforce the rulings of disputes? Or in short: when the system doesn’t behave like it was expected to, how do we decide who is at fault and extract recourse?
  • 37. Questions or comments? Contact: tim@postoaklabs.com 37