From
reddit:
If they traded with customer money they violated the ToS and it could be fraud. "MT. GOX'S OBLIGATIONS
...
6. it will hold all monetary sums and all Bitcoins deposited by each Member in its Account, in that Member's name as registered in their Account details, and on such Member's behalf.
LIABILITY
[...] Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded. " Anybody can post the full ToS?
[]chris45215 2pistettä 1kuukausi sitten
Excellent! That quote seems to imply that customer funds are still the property of customers, which is quite important in the case of bankruptcy. If you think of it like a company that manages storage units, the customer items in each unit remain their property, and creditors have no right to claim those stored items if the company goes bankrupt. Also, it should be noted that Mt Gox could be a customer of itself and thus it's TOS would apply to itself. However, it would depend on the company to enforce the TOS or press charges in case of violation, which it obviously won't do.
[]andypagonthemove 2pistettä 1kuukausi sitten
Maybe this is why they haven't included the BTC in their bankruptcy filing.
Seems that the key players have sucked the bankrupt company dry and aim to profit more from the money that is now in the other, personal, pocket, even after subtracting the court sentence.
