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Japan court rules against Bitcoin compensation plea | Japan court rules against Bitcoin compensation plea |
(about 4 hours later) | |
A Japanese court has ruled against a man hoping to claim compensation over lost bitcoins, saying the virtual currency cannot be owned. | A Japanese court has ruled against a man hoping to claim compensation over lost bitcoins, saying the virtual currency cannot be owned. |
The Kyoto man lost 458 bitcoins worth around 31 million yen (£160,000) following the collapse of the MtGox exchange last year. | The Kyoto man lost 458 bitcoins worth around 31 million yen (£160,000) following the collapse of the MtGox exchange last year. |
But the Tokyo District Court said the currency was "not subject to ownership". | But the Tokyo District Court said the currency was "not subject to ownership". |
Consequently, the lawsuit seeking repayment was dismissed. | |
The judge in the case, Masumi Kurachi, ruled that the Japanese law only allowed for proprietorship of tangible entities that occupy space and which allow for exclusive control over them. | The judge in the case, Masumi Kurachi, ruled that the Japanese law only allowed for proprietorship of tangible entities that occupy space and which allow for exclusive control over them. |
As such, the virtual currency could not be owned. | |
An example given by the judge was that transactions between users must involve a third party and therefore exclusive control over bitcoins was not possible. | An example given by the judge was that transactions between users must involve a third party and therefore exclusive control over bitcoins was not possible. |
Lost Bitcoins | Lost Bitcoins |
The MtGox exchange filed for bankruptcy protection in Japan in February last year and reported that it had lost 850,000 bitcoins worth about £240m at the time. | The MtGox exchange filed for bankruptcy protection in Japan in February last year and reported that it had lost 850,000 bitcoins worth about £240m at the time. |
Ever since, users whose bitcoins disappeared have been attempting to stand up legal cases in order to gain some form of compensation. | Ever since, users whose bitcoins disappeared have been attempting to stand up legal cases in order to gain some form of compensation. |
A class-action lawsuit in North America over the MtGox catastrophe was settled out of court last year, for example. | A class-action lawsuit in North America over the MtGox catastrophe was settled out of court last year, for example. |
Recently, the former CEO of MtGox, Mark Karpeles was arrested in connection with the lost bitcoins. | Recently, the former CEO of MtGox, Mark Karpeles was arrested in connection with the lost bitcoins. |
Bitcoin developer Mike Hearn told the BBC he was a little surprised by the Tokyo court's ruling but added that there was still a great deal of confusion over the legal status of Bitcoin in many nations. | Bitcoin developer Mike Hearn told the BBC he was a little surprised by the Tokyo court's ruling but added that there was still a great deal of confusion over the legal status of Bitcoin in many nations. |
"What's we've seen a bunch of times is different governments in different parts of the world coming to different conclusions about Bitcoin," he said. | "What's we've seen a bunch of times is different governments in different parts of the world coming to different conclusions about Bitcoin," he said. |
He commented that compensation claims over MtGox were unlikely to get anywhere, even with judicial endorsement. | He commented that compensation claims over MtGox were unlikely to get anywhere, even with judicial endorsement. |
"It's quite obvious that MtGox doesn't have the money so where these compensation claims would be paid from is not clear," he explained. | "It's quite obvious that MtGox doesn't have the money so where these compensation claims would be paid from is not clear," he explained. |
Mr Hearn also said that the looming question mark over Bitcoin was beginning to harm the growth of the virtual currency. | |
"One of the biggest and most common reasons especially for more established companies to say, 'we're not getting into Bitcoin', is regulatory uncertainty," he said. | "One of the biggest and most common reasons especially for more established companies to say, 'we're not getting into Bitcoin', is regulatory uncertainty," he said. |
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