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Venture-Backed Bitcoin Miner Startup Can't Deliver On Time, Gets Sued

mpicpp (3454017) points out this story illustrating the problem of betting on the differential between the price of deliverable bitcoin-mining hardware and the price of bitcoin itself: Yet another Bitcoin miner manufacturer, CoinTerra, now faces legal action for not fulfilling an order when it originally promised to. CoinTerra is the third Bitcoin-related startup to face litigation for breach of contract and/or fraud in recent months. The CoinTerra lawsuit was filed in late April 2014 by an Oakland, California-based man seeking to be the lead plaintiff in a proposed class-action lawsuit. Lautaro Cline, the suit alleges, purchased a TerraMiner IV in October 2013 for delivery by January 2014. The company promised, he claims, that this miner would operate at two terahashes per second and would consume 1,200 watts of power. It did neither. However, Cline's suit also claims that CoinTerra did not deliver the miner until February 2014, and it "operated well below the speed advertised and consumed significantly more power than CoinTerra represented, causing Plaintiff to suffer significant lost profits and opportunities."

24 of 120 comments (clear)

  1. Best Lawsuit Ever. by AuralityKev · · Score: 5, Funny

    "Your honor, the free money generation machine the plaintiff promised me did not generate NEARLY enough free money! Now since I have you here, I'd like to sue Money Tree, Inc. whose shrubbery is also performing woefully."

    1. Re:Best Lawsuit Ever. by CanHasDIY · · Score: 4, Interesting

      Right.

      Kinda like how if I promised to build you a fence for X dollars by Y date, and fail to meet the agreed upon pricing and schedule, well, that's your fault for trusting me, now isn't it?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:Best Lawsuit Ever. by AuralityKev · · Score: 4, Insightful

      I'm not saying his case is without actual merit. I just think it's hilarious. I do doubt, however, that beyond being made whole for the purchase price that the plaintiff will be able to demonstrate any actual damages. Mining is speculation, whether it be gold or Bitcoins. You can't attach a price tag to "if only."

    3. Re:Best Lawsuit Ever. by Registered+Coward+v2 · · Score: 2

      Well if you were to mine for gold, vs bit coins what is the difference.

      Gold is just a piece of medal, while has some nice properties to it, its value is that it is a rare element.

      Actually, it is not that rare, it's just more expensive to extract at the current value so much is left unextracted. It's value is that people accept it as a liquid store of value; so they are willing to exchange cash for gold.

      Bitcoin is reaching the cost / value crossover; its volatility and lack of liquidity raise questions about it's value and wetehr people will accept it as a store of value.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:Best Lawsuit Ever. by CanHasDIY · · Score: 2

      Actually, I was expanding on your original post, since "well, we have your money now, so you're screwed" appears to be growing in popularity as an excuse for poor customer service.

      But yea, he's going to be hard-pressed to show actual damages; I mean, I guess he could bring up the price differential of Bitcoins between Month A and Month B, and show how much income he could have made if his rig had arrived on time and functioned as advertised...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Best Lawsuit Ever. by Virtucon · · Score: 4, Funny

      Is it a nice shrubbery? Not too high is it?

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    6. Re:Best Lawsuit Ever. by sexconker · · Score: 5, Informative

      It is speculation because the price of bitcoins jumps around massively. Gold is nowhere near as volatile as bitcoins.

      It is not speculation. You can look up the difficulty and show what the man would have been able to mine had he gotten the device on time and as advertised.
      The price of bitcoins doesn't matter - you order CoinTerra to pay those lost bitcoins.
      CoinTerra won't have the bitcoins on hand to pay up, so lawyers will then bitch and fight over how to value those bitcoins in USD based on market rates at various times between the promised delivery date and now. It doesn't matter though - they won't have the cash to pay up either.

    7. Re:Best Lawsuit Ever. by evilbessie · · Score: 2

      So they failed to deliver more than 30 days from the purchase date and after a prearranged time. A full refund is what they should be entitled to. Distance Selling Regulations for the win (in the UK/EU at least).

  2. How did he ever hope to make all that money back? by timrod · · Score: 3, Interesting

    According to the article, the TerraMiner IV had a pricetag of $13,999, which the filer of the lawsuit clearly paid. A single bitcoin is (and correct me if I'm wrong here) around $500. For this guy to break even, not counting the power that thing drains, he would need to mine at least 28 BTC. From what I understand, mining that kind of BTC, even with an extremely high-powered miner, is not an easy task. It seems like he would've lost money even if the machine had performed at the specifications listed by the company.

  3. Why do people believe that? by Opportunist · · Score: 4, Insightful

    It's a bit like those crystal ball con artists. Know the kind? That tells you the lotto numbers of next week?

    I always wonder the same that I wonder in this case: If that actually worked, why do they tell you (or, in this case, build it for you) instead of simply using it themselves? It's not like you need to invest a lot of work or have to have intimate know-how that the maker of the item doesn't have to mine bitcoins. It's basically "pump electricity in, take hashes out". If I could build such a "miner" that produces more bitcoins than it costs in electricity, why would I be so stupid and sell it to you instead of renting a rack somewhere and let it do it for me?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Why do people believe that? by ClioCJS · · Score: 3, Interesting

      Why do you think it came late? They probably had it running by the promised date, realized they'd make more money keeping it, kept it, then tried to sell it once it couldn't provide ROI. Of course they deserve to be sued.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    2. Re:Why do people believe that? by Lennie · · Score: 2

      Also: the customer bares the risk of the fluctuations in the Bitcoin market.

      --
      New things are always on the horizon
    3. Re:Why do people believe that? by wisnoskij · · Score: 4, Insightful

      Because it is a risk. The company making the machines gets an upfront sale with a good profit margin. The risk taker is hoping that bitcoins stay above some value and hydro does not go up, and he does not spill coffee on his server, and, and, and.

      Theoretically, both ventures had (could of had) a good profit margin and were worth undertaking, and the people who undertook the machine building had machine building skills and most likely more aversion to risk, while the miner had skills more suited to that and more propensity for risk.

      --
      Troll is not a replacement for I disagree.
    4. Re:Why do people believe that? by westlake · · Score: 2

      It's a bit like those crystal ball con artists.

      Remember Levi and his jeans?

      Mining the miners has always been more profitable in the long run than working a mine.

  4. Re:How did he ever hope to make all that money bac by timrod · · Score: 2

    Correction, the filer apparently only paid around $6,300 for it. Still, that's 12.6 BTC, which is probably still rather difficult to mine, just to break even.

  5. Re:How did he ever hope to make all that money bac by Anonymous Coward · · Score: 2, Insightful

    The real profit to be found are with the people selling these ASICs. The best analogy I've seen compares it to people selling shovels during the gold rush.

  6. Breach of Contract by Darth+Muffin · · Score: 3, Interesting
    They had a contract with the buyer and did not fulfill their half. Of course the buyer's recourse in this should probably be limited to the price of the machine, not any "missed opportunities".

    Buyers should ask themselves why anyone would sell a money printing machine. If it was profitable they're going to use it for themselves, or use it until the bitcoin difficulty gets just to the point where it's marginal and sell it.

    --
    Real programmers use "copy con program.exe"
    1. Re:Breach of Contract by Qzukk · · Score: 4, Informative

      Why would anyone sell shovels? If it was profitable, they'd dig everything themselves.

      Actually, the real profit is in licensing the shovels with a per-scoop fee.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  7. better analogy by Anonymous Coward · · Score: 2, Insightful

    I think a better analogy for comparing bitcoin mining to gold mining would be: Imagine if I were to sell you an automated power shovel and promised it would dig 10 tons of dirt per hour with fuel consumption of 50 gallons per hour. If my device didn't live up to those advertised specs, you would have a valid complaint. Reasonable damages would be derrived from difference between what you made and could have made. If in actuality you were able to shovel 5 tons of dirt per hour while still consuming 50 gallons per hour, then it's likely reasonable that you should have found twice the amount of gold you actually did.

    I think this is a very valid case (assuming the device was used in accordance with specifications, and other factors have been ruled out)

  8. Hmmm .... by gstoddart · · Score: 5, Funny

    I'm not sure how this is different from any major IT project I've been involved in.

    Over budget, under-performing, and not nearly as good as the sales guy made it out to be. :-P

    --
    Lost at C:>. Found at C.
  9. Risk Assessment by tyggna · · Score: 2

    You mean there are venture capitalists who can't do basic risk assessment?

    That's how these miner manufacturers operate. It is relatively low and well-understood risk to sell physical goods. We have X orders, and can produce Y units each month. The reason they don't mine bitcoins themselves is that they don't want to take that risk. They sell the machine, and they get their money. They sell more machines, they get more money. It's simple, it's safe.

    For the people who purchase them, they are assuming the risks of mining. They take the risk that their machine will underperform, that their miners won't find any blocks, and that the value of the bitcoin will stay stable or increase. The people actually mining have much higher risk than the people just selling the equipment.

  10. It's an investment by penguinoid · · Score: 3, Insightful

    "Your honor, the free money generation machine the plaintiff promised me did not generate NEARLY enough free money!

    Every investment is, in one way or another, a "money generation machine". This is exactly how an investor thinks about their investment, minus the "free" part because they subtract the opportunity cost of investing in that thing instead of in something else.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  11. Re:How did he ever hope to make all that money bac by ShaunC · · Score: 4, Interesting

    The real profit to be found are with the people selling these ASICs. The best analogy I've seen compares it to people selling shovels during the gold rush.

    The fun part is that a lot of these miracle mining rig builders are suspected of using those new rigs themselves for awhile before finally delivering them. So it's kind of like people selling used outdated beat-up shovels during the gold rush. The scam seems to be:

    • Pre-sell insanely powerful mining rigs
    • Use pre-sale money to order hardware and build rigs
    • Mine for a month or two with awesome rigs while delaying delivery to buyers
    • !!!PROFIT!!!
    • Newer, faster hardware becomes available
    • Pre-sell rigs built with this month's even better hardware
    • Finally ship last month's batch to the buyers
    • Repeat

    Just another pyramid scheme and there are still suckers falling for it.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  12. Re:How did he ever hope to make all that money bac by Anonymous Coward · · Score: 3, Interesting

    At current difficulty, (13.4Bil) a 2TH miner consuming even 1500W, would generate about 0.0747BTC/24 hours. Even at 15.4Bil (~15% increase?) you're still looking at 0.0650BTC/24 hours. Back in January, the market was more like ~2Bil difficulty, which the same device would have brought in ~0.5029 BTC/day. (or a ~2 week ROI!) Now I don't agree with the guy really, Feb was up to ~2.5-3Bil, which at the worse end was still ~0.3353 BTC/day. (still only ~31 days break-even!)

    At the next current difficulty, and assuming you're expecting the price of BTC to stay the same, (and at current prices, $6300 is ~10.5BTC) you're looking at ~161 days to break even. This is going to be extended every ~two weeks as difficulty goes up, but will likely still hit break-even around ~350-400 days. (assuming ~1500W@10cents/W)

    ALL this assumes you're buying it to mine on till break even. Most people mine the profitable period, then sell the hardware for 90% of the purchase price. Mine for 2-4 weeks, make ~1-2BTC, then unload the hardware for $5500, buy out ~9 - 9.25 BTC with the proceeds, and now suddenly you're up to ~11.25BTC on a 10.5BTC investment. ~7% doesn't sound too bad to most people!