Jump Trading sues 79-year-old Carl Sagan fan over wormhole.com domain
229 points by davidmr 3 years ago | 328 comments- neonate 3 years ago
- 323 3 years agoSeems that Jump is wrong here, no binding contract was made according to article facts. Acceptance from the seller part seems required:
> Contract law says that a quote is not considered an offer and only acceptance of offers makes for a legally binding contract, according to Cornell Law School.
> Here’s what needs to happen for a quote to turn into a contract:
> - Supplier submits the quote to the client
> - The client accepts the quote and issues an order
> - The supplier accepts the order
> For example, a wedding photographer emails a written quote to a client for $2500 for 10 hours of photography. The client emails back saying they accept the quote and want to proceed with the order. The wedding photographer emails the client again to thank them and confirm that they will do 10 hours of work on a certain date for $2500. A legally enforceable contract has now been established.
- dsr_ 3 years agoSo a contract is formed when the TCP three-way handshake completes.
- vlovich123 3 years agoMy reading of your link is that it’s complicated (see the case about Pepsi and the fighter jet). Generally you want to stay away from even proposing a price for a sale if you’re truly not interested.
- kortilla 3 years agoBut the Pepsi fighter jet case was only valid because of specific laws about public advertisements.
- 323 3 years agoSure, but here we have a giant company versus a 79 yo person. Surely you can make a case that the person didn't really understood that a binding contract was forming, since the common understanding is that you need to accept a deal. Seems to me that you can make a case that the person was "tricked" into a binding contract (if it is indeed binding).
- rosndo 3 years agoBut was he not accepting the deal on his part by offering it in the first place?
- rosndo 3 years ago
- 1123581321 3 years agoI would think that a verbal domain contract would require some of the usual trappings of domain transfers to force the sale. They hadn't begun to negotiate the details of the transfer, by the sounds of it, let alone proceed to holding money in escrow.
- kortilla 3 years ago
- NovemberWhiskey 3 years agoA quote is not a necessary element to formation of a contract.
If you're holding a yard sale, and I point at some knickknack and ask "how much for that?", and you say "it's a dollar" and I say "that's a deal", that's a contract.
- belorn 3 years agoCan you reverse that. A sale person ask a customer "are you interested in buying that car with the sticker price of $10,000", the customer says "yes", the sale person says "We have a deal". Is this a contract, meaning that the customer can no longer walk out of the store?
- rosndo 3 years agoNo, you’re playing with words here.
Replace your first sentence with “will you buy this car from me for $10000” and that seems like a pretty clear verbal contract.
Of course verbal contracts are tricky, but this particular case was in writing.
- rosndo 3 years ago
- Supermancho 3 years agoI don't think that's a contract you want to engage in. There are no terms for timing. A dollar today or in 10 years? It will be difficult to prove these details were known or that the offer took place at all, which is why you want things in writing - which is the case for wormhole.com. It's also interesting to note that a verbal contract is not sufficient to form a contract at price points over a few hundred dollars.
Take from this what you will.
- NovemberWhiskey 3 years agoI think you'd be surprised how liberally courts have discovered implied terms in contracts where the parties have omitted them. There's a whole body of law on it, and courts have demonstrated considerable unwillingness to void contracts for uncertainty.
Also: about a zillion successful purchases at yard sales indicate to me that this is a pretty good way to form contracts of sale.
- ghayes 3 years agoThe original circumstances were, in fact, written, and the example quoted above was below such threshold. As such, I wouldn’t believe the note on verbal contracts is relevant to the matter at hand.
- NovemberWhiskey 3 years ago
- chimeracoder 3 years ago> If you're holding a yard sale, and I point at some knickknack and ask "how much for that?", and you say "it's a dollar" and I say "that's a deal", that's a contract.
If you move forward and actually execute on it, sure.
If you then immediately say "actually, no, I've changed my mind", without making any motions to give the item over, it's hard to imagine that'd be considered breach of contract.
- NovemberWhiskey 3 years agoWhat does "execute on it" mean from a legal perspective?
- NovemberWhiskey 3 years ago
- dragonwriter 3 years ago> A quote is not a necessary element to formation of a contract.
True, but manifest intent to form a binding contract on the part of both parties is.
> If you’re holding a yard sale, and I point at some knickknack and ask “how much for that?”, and you say “it’s a dollar” and I say “that’s a deal”, that’s a contract.
Probably not; contract law would probably view that as a negotiation where only you manifested an intent to form a binding contract, so unless there was some positive acknowledgement of your “that’s a deal”, no contract would be formed.
I mean, I’m pretty sure that a near identical scenario to that was the one the of textbook demonstrations of the absence of that contract element in my Contracts class.
- NovemberWhiskey 3 years agoAre you suggesting that after that dialog, were I to put a dollar bill down on the table and wander away with the tchotchke, there would be courts that would hold I didn't actually buy it?
- NovemberWhiskey 3 years ago
- EE84M3i 3 years agoI'm confused - how is "it's a dollar" not a quote?
- NovemberWhiskey 3 years agoIn context, it clearly means "I will sell this to you for a dollar". That's an offer.
A quote is just a price. Like if you send a meat wholesaler a telegram asking what the price of pork is, and they send back "this kind of pork is $xxx, that kind of pork is $yyy", then that's a quote; it's not an offer. You can't accept a quote in contract law.
The difference can be fairly fine. You can even explicitly say that what you're writing is a quote and still end up having a court interpret it as an offer.
Compare these two:
- NovemberWhiskey 3 years ago
- samcal 3 years agoYou're right that a quote is not necessary, but GP was describing what needs to happen for a quote to become a contract. The quote's existence is the premise.
- belorn 3 years ago
- vmception 3 years agoI think a judge is necessary to determine DomainAgent’s brokering role with this specific property owner, because nobody knows and it is the crux of the case.
- dsr_ 3 years ago
- uncomputation 3 years agoDespicable on all levels. Not only was there nothing resembling an offer even made, much less a "contract" signed, Jump also very well knows that 50k for a domain like that is a steal and are more than happy to try and pry it from an old man's hands even "requesting and receiving a preliminary injunction to freeze the asset." I'd much rather the domain be in the hands of this guy with his cool JavaScript clock than these leeches any day of the week.
- rl3 3 years ago>I'd much rather the domain be in the hands of this guy with his cool JavaScript clock than these leeches any day of the week.
Same. I'm also really curious now how the clock will handle changing the text for the current day, from an animation point of view.
- Nursie 3 years ago> his cool JavaScript clock
Is it his? Fantastic if so.
The code for that 'did the rounds' back in the early 00s. I had it on my site for a while, but changed the code so the outer text spun like a sort of bouncing helix around the outside of the clock face. I never did know where the code came from though, and I had a note in my page source saying "Is this yours? Is it OK that I'm using it?"
Looking at this page's source it seems to have come from "www.rainbow.arch.scriptmania.com", though that site appears dead. It was referenced from an HN comment as recently as 2018 though...
Well, whoever you are rainbow.arch.scriptmania.com, thanks for the clock and the memories. I haven't seen that in nearly 20 years.
- khazhoux 3 years ago> Jump also very well knows that 50k for a domain like that is a steal
I'm not up on domain name pricing. What would you estimate the fair price to be?
- rococode 3 years agoHere are some links listing recent domain sales:
https://enaming.com/recent-sales
https://www.dnjournal.com/ytd-sales-charts.htm
https://www.namecheap.com/blog/top-domain-sales-of-2021-so-f...
Wormhole is a cool sci-fi word. A fun word that most people know and don't already associate with another brand. It's high tech, it's something at the frontiers of science, it's fast and futuristic. Easy to spell, easy to remember, and easy to build a new brand around.
"Galaxy.com" recently went for $1.8m, apparently, and that's like a better version of "wormhole".
Comparing to recent sales, I'd say Wormhole could easily go for $800k+. With the right buyer, maybe upwards of $1m.
- siftrics 3 years agoThis has nothing to do with the fact that wormhole is "a cool sci-fi word" that's "easy to spell, easy to remember, and easy to build a new brand around."
Jump wants this domain because its Wormhole Network already exists and is extremely valuable. Jump does not want this domain because it has good resale value. Jump is not in the business of flipping domains.
- daniel-cussen 3 years agoI think $50,000 is fair as a matter of fact. It's not talked about much anymore. I don't know the other details of the case, just that...for wormhole.com...$50,000 is not out of the question. But the fact it's owned by Carl Sagan means it's a marketing op to say you bought it from him, at a good price, not a fair price.
They could bump it up to make both parties better off, and in fact Jump Trading like the name wormhole specifically and directly because of science popularization primarily due to Carl Sagan. Like write a better payment on a giant check and take a bunch of pictures, come on.
Or what? Does anybody at Jump Trading have old dry-ink manuscripts analyzing actual wormholes in the astronomical sense?
EDIT: on reflection the guys they hire actually could have dry-ink manuscripts, in grad school. But not within Jump Trading.
- siftrics 3 years ago
- rococode 3 years ago
- datalopers 3 years ago> old man
Meh. He’s the same age as the current US president and rather close to the prior. Warren Buffet, sharp as a tack at 91, just wrapped up another Berkshire Shareholder meeting. Jump appears to be very much in the wrong here, but I don't think we need to characterize this as the domain owner is feeble-minded or out of touch: the guy has owned a domain since 1994.
- serf 3 years ago>but I don't think we need to characterize this as the domain owner is feeble-minded or out of touch: the guy has owned a domain since 1994.
similarly I don't think it's reasonable to compare every 79 year old with two people that have had the most privileged lives imaginable.
it's extraordinarily common to live to a healthy old age when you have teams of people coordinating your schedules, traveling teams of chefs and nutritionists available to define your diet to the gram, and an accompanying traveling medical staff wherever you may need to go.
79 years old for those of us that had less glamorous lives can be * a lot * older than you'd imagine when comparing them to others -- to such a degree that age as a comparison is wildly speculative at some point.
- josh_fyi 3 years ago> define your diet to the gram, "Buffett's diet of sugary soda, junk food, and limited vegetables has reached legendary status." https://www.businessinsider.com/warren-buffett-diet-2017-10
> traveling teams of chefs and nutritionists available to Almost. He was famously cared for by his second wife whom his first wife set him up with, thinking that he could not take care of himself.
- true_religion 3 years agoDo you think that nutritionists & chefs are the reason the US senate has so many lively old people?
I would say it's just lucky genetics. Anyone who doesn't develop dementia and/or heart disease or something like that by age 70, is likely to live a very long time.
- josh_fyi 3 years ago
- lamontcg 3 years agoYou're the one equating "old man" to "feeble-minded" or "out of touch". That implication wasn't there in the comment you responded to.
- dylan604 3 years agoHow else am I to interpret the fact they stated the person's age in the title? I came to the comments specifically looking for discussion on why the person's age is relevant. To me, specifying the age like this is an attempt to pull at the heart strings of some poor defenseless senior citizen being victimized.
It's just another example of an asshat corporation doing asshatery. Would the story be any different if it was a 59yo? 49yo? 39yo? No. Corp is an asshat in every example age offered.
- datalopers 3 years ago"pry it from an old man's hands" paints a very clear image without using explicit wording.
- 3 years ago
- dylan604 3 years ago
- donthellbanme 3 years agoI guess being called an "old man" has been around forever.
When I was younger my version of an old man was anyone over 30. I kept upping it the older I got.
I used to throw around the "Don't trust anyone over 30."
Now that I'm much older, I still don't trust most old adults, and I'm one now.
Looking back my definition of old is more akin to being wealthy, sneaky, money grubbing, shifty dude. The kind of guy who uses lawyers, instead of a handshake.
It's crazy but in my mind the "old man" is the guy running this crypto company.
- djmips 3 years agoThat's usually just 'the man'
- djmips 3 years ago
- serf 3 years ago
- 3 years ago
- vmception 3 years agoI think a judge is necessary to determine DomainAgent’s brokering role with this specific property owner, because nobody knows and it is the crux of the case.
The rest of the actions or how we feel about the power dynamics are not really relevant.
- rl3 3 years ago
- w1nk 3 years agoThese guys have specialized in building super low latency, line of sight microwave networks for trading, across multiple continents (chicago -> nyc, frankfurt -> london, etc):
https://sniperinmahwah.wordpress.com/2014/09/25/hft-in-my-ba...
https://www.bloomberg.com/news/features/2019-03-08/the-gazil...
http://www.amsterdamtrader.com/2014/09/hft-in-my-backyard.ht...
https://arstechnica.com/information-technology/2016/11/priva...
They employ skills such as kernel driver optimization specialists to squeeze every last ounce of performance out of network card drivers.
What the fuck are they doing messing with this? Yikes.
edit - I answered my own question. These dudes specialize in arbitrage and being faster than everyone else. The crypto markets are insane with this right now. The professional frontrunners have entered the game.
- log_n 3 years agoYeah, Jump got on the map by being the first Chicago prop shop with a microwave line between Chicago and New York. They dominated the equity basis trade for a while.
Keeping your name out of the press and staying secretive is incredibly important and I'm shocked that they didn't just throw a fair amount of cash to this guy directly or offer it up as a donation to some Carl Sagan foundation (and offer to let him keep his e-mail address). $200k for a shop like that is literally the shells of peanuts and worth it to keep your name out of people's mouths.
- w1nk 3 years agoHave you ever seen the OSINT where people figured out that the badges of certain military programs gave away the reason for their existence? https://www.nytimes.com/2008/04/01/world/americas/01iht-pent... , this feels like one of those moments...wormhole.com for cryptos, LOL.
- arcticbull 3 years agoJump bailed out Wormhole after the massive hack. This is already well known isn't it? [1] They own Certus One who developed the Wormhole bridge.
- raxxorraxor 3 years agoI would sell moneylaundering.com from 50k.
- arcticbull 3 years ago
- w1nk 3 years ago
- everybodyknows 3 years agoClose second to PoW crypto, in any competition for least-socially-useful investment of real physical capital.
- vmception 3 years ago> The professional frontrunners have entered the game.
Have long been in the game.
With free data and free APIs being ubiquitous in this industry from the ground up, its too tempting
Tradfi is not competing and largely in the same place it was 15 years ago. Have fun with paying to implement FIX protocol
- exdsq 3 years agoThere's a lot of work on being immune to front-running, or at least very resistant, involving things like encrypted txs and block shuffling. Seems promising!
On the other hand I believe FTX basically made their money trading arbitrage between the Asian and European markets on the price of bitcoin.
- w1nk 3 years agoI have to imagine the existence of these guys in the space means whatever 'work on being immune' is probably not functioning very well :P.
These folks showing up in your trading arena means you've left money on the table and they're going to take that, and maybe some extra.
- exdsq 3 years agoIt’s a small slice of the pie - MEV is still possible on the majority of chains for sure! And if quick finality (I.e next block) is required, which it probably will be for simple transactions, it probably always will be somewhat possible. I’m optimistic it will be drastically reduced overall though!
- exdsq 3 years ago
- w1nk 3 years ago
- SEJeff 3 years agoThey build a lot of open source stuff too: https://jumpcrypto.com/
Wormhole and Pyth and two projects they contribute quite a lot to all in the open.
- log_n 3 years ago
- hatesinterviews 3 years agoSounds like the domain owner threw out what he thought was a preposterous price that no one would accept, in attempt to get the buyer to leave him alone.
Little did he know that Jump Trading has already spent $300 million propping up the legitimacy of this blockchain.
https://www.reuters.com/technology/crypto-network-wormhole-h...
- kingcharles 3 years ago$50,000 for a brandable one-word generic domain was a ridiculously low quote. I'm amazed no-one bought it before now as he was underselling it.
1994, when he registered it, was a great year for domains. As the article says, everything was still available. I registered all sorts of goofy things, but back then no-one was thinking they would be worth anything. They were also FREE in 1994. Shortly after they started charging a yearly rate for dotcoms and I let all but one lapse, to the loss of many millions in future revenue...
- kingcharles 3 years ago
- site-packages1 3 years agoI would say this is a valid contract, as much as I don't like siding with scummy crypto people (scummy might be redundant here). A contract requires several things to form. According to LLI[1] these are:
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Jump made an offer of $2,500, Dick said the price is $50k firm, the other party immediately accepted. This was in writing, which gets around the Statute of Frauds given the value of the contract is over $500. This seems very straightforward from a legal perspective. I do think that crypto people are super scummy, but the only remedy available when there has been all the elements of a contract existing but one party reneging is a legal remedy either for specific performance or monetary damages, so it's natural that Jump went to court to enforce the, what I would argue is, valid contract.
- stordoff 3 years agoMy background is in English law, though I believe similar broad principles would apply here. IMO, it's plausible to argue it either way, and hard to be certain without knowing the full details about what was said. Jump seem to have made an offer for the domain, and the $50,000 price could be interpreted as a counteroffer, which would enable Jump to accept and lead to the formation of a contract.
However, there must be an intent to enter into legal relations by both sides, and I'm uncertain that Merryman's actions demonstrate this. Further, I'm not sure that stating a price for the domain alone provides sufficient certainty of terms for there to be a valid contract (there is no discussion, for instance, about when the domain is to be transferred or when/how payment is to be made). The details of the initial communication from Jump may be relevant here - say if they invite counteroffers and it is clear they want to enter into a binding contract, or the other details are specified by them and the only part Merryman proposes changing is the price. It's also interesting that "Jump subsequently raised its bid", as this could be seen as an acknowledgement that no contract was formed at the earlier stage.
- cheese_goddess 3 years agoThis entire discussion would be much more informative if everybody stated their credentials regarding matters of law, as you did. For example: IANAL. Or "I practice law in such and such jurisdiction" etc.
IANAL but I use the internet and I know that everybody on it has an opinion about legal matters.
- cheese_goddess 3 years ago
- car_analogy 3 years ago> Dick said the price is $50k firm, the other party immediately accepted.
He merely received an offer that satisfied his criteria - he did not agree to also accept that offer. See 323's post: https://news.ycombinator.com/item?id=31227141
- site-packages1 3 years agoIANAL, but:
According to the message history in the court filings, Merryman responded on July 1: “The price for wormhole.com is a firm US $ 50,000. -Dick-.”
To Merryman’s surprise, Jump agreed.
Indicates that there was a counteroffer for $50k and an acceptance of that offer. 323's post is wrong because quotes are not the same as what happens in the offer/counteroffer/acceptance contract dance, they're a different thing. Quotes are related to performing work for a price.[1] Here it was Offer => Counteroffer => Acceptance.
[1] https://www.freshbooks.com/hub/estimates/is-quote-contract
- car_analogy 3 years agoBut only one party performed "acceptance". Why should negotiating a price mean that the standard for accepting an offer is lowered?
- itsTyrion 3 years agoDafuq is IANAL.
- car_analogy 3 years ago
- site-packages1 3 years ago
- gamblor956 3 years agoNo, the $50k would not have satisfied the statute of frauds, because Dick sent them correspondence indicating he didn't think he was actually forming a binding contract, which is required in the absence of a signed legal agreement.
Generally, if the parties don't have a signed agreement, but act as if terms in an informal exchange are binding, the court will uphold the informal agreement even if one of the parties changes their mind. But in this case, the undisputed evidence is that one party didn't act as if they were bound by their informal correspondence.
And furthermore, courts have almost never upheld an informal/unsigned agreement between a corporation and an individual as binding against the individual.
- eweise 3 years agoSo if I go to a car dealership and ask how much a car is, and the dealer says $30K. I say I would pay $28K. The dealer says "sure! sold!". By this logic I would be required to buy the car.
- vmception 3 years agolegal logic doesn't apply to different variables, so I'm not sure why you did that.
the one with more similarities would be that you would have asked the dealer to sell at $28k, the dealer says $30k and you say okay.
secondly the courts accept verbal contracts unless there is a statutory carveout for a specific kind of agreement, the courts require proof to rule which verbal contracts happen to lack. so if you did it over email, or did it through a broker's portal that says using it is a binding contract, then a court would have the proof, which is the logic of the actual case here.
- Swenrekcah 3 years agoI think that both reversing the power status and changing the relative amounts is doing the analogy some harm.
In my opinion a more relevant analogy is: Car dealership approaches person and asks to buy their car for $2500. Person says “Naah, price is $50,000 bro”. Dealership says: “Sure”.
Here I believe it’s more clear that the person is in fact not obligated to part with their car unless they take the required additional step of agreeing to the purchase and finalising all documents.
- eweise 3 years agoEven in your scenario over email you agreed to sell to the dealer for $30K, I still don't think it would be a binding contract.
- Swenrekcah 3 years ago
- NovemberWhiskey 3 years agoNo, because, under the Uniform Commercial Code, the contract for sale of goods, by a merchant, with a value over $500 has to be in writing. But that also doesn't tell you anything about this case, because the category of "goods" does not include "general intangibles" into which category the courts have placed domain names, and because the seller in this case would not be considered a merchant in the sense of the UCC.
- tedunangst 3 years agoNo, you go to your neighbor and give them a note that says $500 for the corvette, they write back no way, it's $50k, you write back "done!". They are now obligated to sell you the car for $50k, even if it's hot rod red and they really like driving it on the weekend.
- erosenbe0 3 years agoSure, agreed, but let's say the buyer doesn't accept on the spot in mere seconds. So no agreement is made on how long the counter is good for. Buyer goes home to check his finances. He comes back an hour later and says, "done deal!"
The seller seems firmly within their rights to say, "Sorry, my counteroffer was good only for 15 minutes."
This might sound silly but market conditions change in minutes and events happen like earthquakes or 9/11. In the absence of an agreed term of expiration I see no reason why a counter is good for any longer than the seller feels like it. Though with written or implied terms it would be totally different (see real estate contract offers for examples).
Am I missing something?
- eweise 3 years agoStill not definitely an offer since its not clear whether "no way, its $50K" is a committed offer, plus the terms should be more definite.
- bastardoperator 3 years agoProve I wrote "done"... case dismissed.
- erosenbe0 3 years ago
- mr_toad 3 years ago> So if I go to a car dealership and ask how much a car is, and the dealer says $30K. I say I would pay $28K. The dealer says "sure! sold!". By this logic I would be required to buy the car.
Yes. What’s your point?
- eweise 3 years agoMy point is I don't think it would be a valid contract but I think you could have inferred that.
- eweise 3 years ago
- vmception 3 years ago
- puffoflogic 3 years agoJump themselves repudiated this view of the exchange when they agreed to subsequent larger amounts. This is a transparent ploy to use the power of the state to seize private property at a price that the current owner does not consent to sell at, and the only question is whether the law will recognize this or ignore it.
- mindslight 3 years agoAs far as I am aware, listing a price of something (say in a mail order catalog, or on a store shelf), does not constitute an offer. Rather, it is a solicitation of offers to buy. I would think stating "the price is $XXX" would be along those same lines, as there has been no positive statement of willingness to sell it to a specific counterparty for that price.
Another example would be real estate listings, to which this is quite close. They have a definite list price, realtors most certainly say things like "the price is $XXX", and yet it's still on any potential buyer to submit a formal offer to buy with a specific price which the seller may or may not accept. If this weren't the case and such communication was considered positive offers, then we would rarely see things like houses being sold over their asking price.
- site-packages1 3 years agoAdvertising seems like a bit of a red herring here, given that the domain wasn't advertised. My understanding from reading is that the DomainAgents people sent an unsolicited offer on behalf of Jump for $2,500. I could be wrong on that. Even if I am though, using your house analogy, it's like offering a price on a house that's advertised, and a homeowner says "no I will sell it to you for 20x the amount" and then the buyer accepts in writing.
- 323 3 years agoBut what if you knock on the door of a property, ask the owner whats the price he's willing to sell the property at, owner says a price, and then you accept that price?
Is that binding without the property owner also accepting? Doesn't seem so to me.
- Swenrekcah 3 years agoNot sure how it works in the US but where I’m from a bid for a house, either buying or selling offer, is made as a very particular legal document with all sorts of assurances and has to be made by a lawyer or a real estate broker.
That document is legally binding and it’s enough for the receiving party to accept for a contract to be formed.
Casually doing this over email is absolutely not the same.
- 323 3 years ago
- site-packages1 3 years ago
- spiantino 3 years agoWhat would the remedy be, though? Would the court say you had a contract so you have to sell/transfer the domain? Or would they say, you're in breach of a contract and so Jump can sue you for damages from your breach of the contract?
- site-packages1 3 years agoIn these cases the remedies are usually either specific performance or monetary compensation. Specific performance is when they enforce the contract to its terms, which would be the transfer of the domain, and this remedy is usually used in cases where the thing being sold is unique. Real property sale is usually specific performance under the theory that any piece of land is totally unique (there is some debate about whether this should be the case, two farm properties in Nebraska are probably similar enough, whereas two oceanfront properties in California maybe not). I would argue that a domain name is unique enough that specific performance would be the remedy, after all there is and can only be one wormhole.com.
The other remedy would be some sort of monetary damages. I would say that would be something like whatever it costs to purchase a comparable domain, but it would be really hard to decide on what a comparable domain is.
Another remedy would be damages, like you said, but what are damages here? Probably nothing, so even if Jump won it would just be symbolic under that theory.
- site-packages1 3 years ago
- CogitoCogito 3 years agoWas there any time frame for when the domain would be transferred? Or when the money would be transferred? Without that specified how could this really be enforceable?
- stjohnswarts 3 years agoIt isn't a valid contract and it will fail in court.
- stordoff 3 years ago
- skullone 3 years agoCrypto should indeed disappear down a wormhole to get deposited into the trash dimension.
- akvadrako 3 years agoIf you hate these guys so much you should not let them dictate your language. Crypto doesn't mean cryptocurrency.
- cbozeman 3 years agoYes it does. It just doesn't to you, because you're not an average person.
The average person, who has no idea what cryptography is, only hears of "crypto" in sound bites on MSNBC or Fox News, and hears advertisements for a VISA crypto card, the only card powered by crypto! and they think exactly what OP thought.
- mike_d 3 years agoI'm going to blow your mind... the "crypto" in cryptocurrency is from cryptography, of which it is a subset.
- UncleMeat 3 years agoSort of. Little of the work being done in the cryptocurrency space is actually applied cryptography. The big innovation of proof-of-work consensus isn't using cryptography to achieve trustlessness. Yeah there are digital signatures. Hooray.
- UncleMeat 3 years ago
- cbozeman 3 years ago
- 10amxn10 3 years ago
- akvadrako 3 years ago
- phphphphp 3 years agoI don’t see how they can win, as quoting an amount is a negotiating strategy that I’ve personally seen and used on both sides: if they were to win, it would surely have far reaching implications across the business world.
- ByteJockey 3 years agoAside from the fact that I don't want them to win this, I kind of want them to win because the fallout would be hilarious.
- ByteJockey 3 years ago
- moreira 3 years ago> “I didn’t really want to sell it. I’ve had the same email address for 28 years – it’s like family,” he said.
This would be the biggest concern for me. Would you trust yourself to update the email address with every single account/organisation you've registered it? I use my personal email even for government-related stuff, there are hundreds of places where I've used it. I wouldn't trust myself enough to relinquish my domain for any amount of money.
- gruez 3 years ago>I wouldn't trust myself enough to relinquish my domain for any amount of money.
any amount? For 60k you can probably hire an assistant full time to go through all your emails/browsing histories and switch them over.
- Wowfunhappy 3 years agoI think I would write into the contract that I need to retain ownership of my one email address.
I'm not sure exactly how this would break down, but I imagine the agreement could lay out specific responsibilities and penalties.
- gruez 3 years ago
- rfrey 3 years agoSo many people here saying throwing out a price obligates you to sell at that price. Deals fall apart all the time after a price has been settled on.
- linspace 3 years agoAnd prices change. Surprising for a trading company it seems.
It's funny to see so many people trying to justify the ridiculous. My children try this all the time.
- linspace 3 years ago
- binkHN 3 years agoI'm not a lawyer, but here is the crux of the argument:
> And while Merryman's view isn't reflected in the court filings, Goldstein said his "statement that the price is a firm $50,000 could reasonably be understood as a counteroffer, which Jump had the power to accept, thereby forming a contract."
- mslate 3 years agoThis is such a Wall Street trader perception of contracts.
Jump imagines the seller cares about their long-term reputation for honoring their offer as a market-maker.
He could not give a hoot.
A verbal or written counteroffer is not a contract. How long does Jump imagine they have to accept counteroffer? Eternity? Silliness & slimy legal jiu jitsu.
- rosndo 3 years ago> How long does Jump imagine they have to accept counteroffer?
Generally in situations like this, unless otherwise specified, courts would fall back to a “reasonable” period of time or until Jump is notified that the offer is no longer valid.
- rosndo 3 years ago
- mslate 3 years ago
- 0daystock 3 years agoCompletely disgraceful, but not totally unexpected for a company led by a 25 year old "crypto intern".
- zarkov99 3 years agoAre you jealous? What is wrong with being 25 year old and figuring out how to lead the company you interned at to unlock 1 billion in revenue? Seems like a pretty good start to me.
- 0daystock 3 years agoI'm not jealous; I'm making a moral judgement about how immature a 25 yo's view of the world is likely to be, especially if they work in a privileged industry far divorced from most people's everyday reality.
- 0daystock 3 years ago
- blueberrychpstx 3 years agoWhat do you mean by crypto intern here?
- rsstack 3 years agoI think he's referring to the president of their crypto arm (not the whole company) who was an engineering intern when he originally joined the company 5 years ago.
- rsstack 3 years ago
- zarkov99 3 years ago
- vmception 3 years ago> Merryman hadn't been serious about selling, he said, throwing out what he viewed as a high offer to get them to go away.
Sounds like a bad business practice. I’ve seen this logic in other circles “quote higher for someone you don't want to deal with” without acknowledging what is binding.
I think a judge is necessary to determine DomainAgent’s brokering role with this specific property owner, because nobody knows and it is the crux of the case.
- rendall 3 years agoDisgusting. Jump Trading should be ashamed, but people like that are shameless.
- hirundo 3 years agoI have a domain that's worth maybe a couple of hundred dollars. When I get an occasional request for a quote on it I usually say $350k. I'd probably actually accept that, but it would be a shock if someone agreed to it, and I sure would not want or expect to be legally bound to the offer price.
Their claim is such a reach that I hope the owner doesn't pay much in legal expenses.
- wildzzz 3 years agoEven in ebay, I can offer something for a firm price, someone can offer to buy it at that firm price, and I can still cancel the sale for a variety of reasons. If someone offers a OBO price, I can counteroffer, and still cancel the sale after they accept the counteroffer. It may hurt my eBay reputation, but I'm under no obligation to sell at any price unless I explicitly agree to it. Giving a counteroffer isn't an actual agreement to sell.
- joshcryer 3 years agoThere's a domain I want that has been squatted since 2001, current going price was $19000, I check in on it every now and again and the price goes up by some $1000. So stupid.
- wildzzz 3 years ago
- dzaima 3 years agoIf (and this is very much an "if") it really is the case that just an offer can be a binding contact, what happens if you make an offer to two parties in parallel, and both accept? Does the one who accepted later just not get the domain and noone can sue anyone? (no other option makes sense to me, there usually wouldn't really be any damages you could sue for either) If so, wouldn't it be possible to claim that you sold the domain to someone else for $5 before and get out of needing to sell it?
How long does an offer stand? What if someone offered to sell 1 bitcoin for $100 10 years ago, would that offer be still standing and be required to be fulfilled?
- halestock 3 years agoMy IANAL answer is that in that case you would not be negotiating in good faith, and both purchasing parties could sue for damages.
- halestock 3 years ago
- justinlloyd 3 years agoFor all the armchair lawyers arguing on this, bear the current facts in mind: There is no legally binding precedent that can impel a private person to sell an asset just because they stated what the price was.
Merchant law and private seller law are two very different things.
I think Goldstein is over-stating and over-reaching what an offer and counteroffer implies.
Private sellers of assets and services are free to renege any deal - even after the contract is signed. After the contract is signed, then it is a matter for the courts. No contract was signed or implied to be signed in this case.
In a private sale there is no verbal contract law - A: "How much for the lawn mower?" B: "$50 firm" A: "Sold!" B: "I don't want to sell." Verbal or written, there is absolutely no implication of a contract or acceptance of the contract at that point. Though this very much varies by state and would be governed by the state of NV.
Just because an entity states they are authorized to act on a deal, does not mean they have that authority. There was a scummy domain broker around a few years ago that would send you a snail mail letter of intent to purchase your domain for a stupid low amount, with a cheque attached, and failure to respond to the letter after a certain number of days indicated your willingness to sell at the offered price. Depositing the cheque indicated your acceptance of the contract. Holding on to (or destruction of) the cheque indicates your acceptance of the contract. I know of quite a few people with high value domains who had to lawyer up to stop the transfers from taking place.
- NovemberWhiskey 3 years agoThere are a number of fairly strong claims in here, that I think you need to cite some authorities on. e.g. what is a "private sale", that precludes the possibility of a verbal contract?
- justinlloyd 3 years agoI am not about to write out the equivalent of "Hello world!" for legal citations and the various laws as they apply to private sale vs an entity recognized as a business or merchant with established conventions. This entire thread, other than the rare statements by actual laywers (who have a learned opinion on the matter, but probably lack a lot of context without reading the actual filings) is armchair lawyering of coulda-woulda-shoulda. I happen to be one of those armchair lawyers, with a lot of law classes to back up my reasoning, but still not a paid up member of the legal profession. I stated a number of points that can be verified by anyone with a legal background, which you seem to have at least a modicum of. I hedged my bets by stating "this varies by state."
It appears to be a very clear case of a business' legal team overreaching what constitutes an agreement of sale in the hopes of either scaring the owner of the asset, or swaying opinion enough to have a judge side with them. I suspect they will not prevail in their initial filing, and then they will argue for domain squatting. I doubt this will end amicably for either party.
> you need to cite some authorities on
P.S. I don't need to do shit.
- justinlloyd 3 years ago
- NovemberWhiskey 3 years ago
- baskethead 3 years agoI wish there were a pro bono or law-student organization that would take on cases like this. I actually don't know if there's a case here but it definitely sounds like legal bullying. Jump Trading suffered no loss by the person backing out of the deal so pushing forward is really obnoxious. Just to make a point against bad behavior like this, I would take up this case if I had the means.
- wumpus 3 years agoPrince Humperdinck: Surrender.
Westley: You mean you wish to surrender to me? Very well, I accept.
- Ecco 3 years agoThe current owner doesn’t want to sell because he doesn’t want to part ways with his current email address.
Couldn’t they simply add a provision for this in a deal? Like “we’ll own the domain but we will maintain a redirection for your previous email address to a newer address of your choice”?
Or the other way around “we’re buying ownership of certain DNS A records like “www” and “@“.
Has this ever been done?
- kingcharles 3 years agoI've seen several domain purchases where there was an agreement that the previous owner's email address be forwarded to him, e.g. bob@wormhole.com would forever redirect to his new address.
- RealStickman_ 3 years agoIf I had a cool domain like that I'd also want to send mail with it, so personally I'd want to keep all current MX and TXT records relating to email intact.
- RealStickman_ 3 years ago
- layer8 3 years agoI wouldn’t do the former, because there’s a high risk it will still atop working at some point, and you don’t want your email being down for all the time it takes to get things resolved legally and technically (possibly having to start a legal fight).
As for the latter, they will still want to use some email addresses on the domain and not want to rely on a 79-year old individual to manage it for them.
- kingcharles 3 years ago
- rebuilder 3 years agoSo,
1: I think there’s merit to the case in that the domain owner said they’d sell for 50k and that can reasonably be seen as a binding offer. The courts may decide one way or the other, of course. But -
2: The offer did not go into any kind of detail on things like when transfer of control would take place! It could be “immediately” or “20 years after the seller’s death”.
- that_guy_iain 3 years ago1. The guy said the price was 50k. He didn't say he would sell for 50k. He just stated the price.
2. There was no offer to sell, only a declaration of a price.
- hedora 3 years agoHe didn't even say to whom he'd sell the domain at that price.
- hedora 3 years ago
- that_guy_iain 3 years ago
- mdb31 3 years agoWell, I'm pretty sure you can't even directly sue over ownership of a .com domain? You have to submit to UDNP arbitrage first (https://www.icann.org/resources/pages/help/dndr/udrp-en).
It doesn't seem they even tried this in this case? So this should be a dismissal right away, albeit at great emotional/monetary expense to the original owner. Unfair, but yeah, cryptobros will be cryptobros, and any harm to members of society is just for the good of society, I'm sure...
(Later edit: so, apparently I'm wrong, and there is no binding arbitration clause. Still, lame action, and this seems the exact situation arbitration is designed for, especially since 'local courts' is not exactly well-defined for .com...)
- electroly 3 years agoSure you can. It's stated explicitly in the UDRP on the very page you just linked: one way to handle a dispute is to take it to a court and get a ruling.
> Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name.
> ... file a complaint in a court of proper jurisdiction against the domain-name holder ...
Emphasis mine. You don't have to choose arbitration.
- gruez 3 years ago>Well, I'm pretty sure you can't even directly sue over ownership of a .com domain?
Why not? The whole story seems like a contract dispute, which most definitely is in the jurisdiction of local courts.
- NovemberWhiskey 3 years ago>arbitrage
I think you mean "arbitration".
Why do you think the UDRP has any bearing on what Jump can do in court? ICANN can't make up rules that apply to third parties; there's such a thing as privity of contract! The UDRP may be incorporated into the contract that Merryman agreed to with his registrar, but Jump isn't a signatory to that agreement.
- electroly 3 years ago
- rolph 3 years agoif you are going to treat a domain name owner like this, why would shareholders, and potential customers expect to be treated any better.
actions advertize louder than popups
- siftrics 3 years agoJump is a privately held proprietary trading firm.
There are a very small number of shareholders (though, to be pedantic, the correct term is "member" rather than "shareholder" since all the related US organizations are LLCs rather than corporations) and it seems extremely likely that those members would agree with the firm's actions here.
- siftrics 3 years ago
- ALittleLight 3 years agoBeside the point but the cursor tracking javascript clock thing on wormhole.com is pretty impressive / mesmerizing. I haven't seen anything like that before.
The article doesn't seem like a terribly big deal to me. I think both parties are being obnoxious. Essentially squatting on a nice domain name, asking an exorbitant sum for it, and renegotiating after a deal is accepted because you think you "left money on the table" are all obnoxious behaviors. Suing someone over what was never a terribly firm or serious offer also seems obnoxious.
- kadoban 3 years agoThe domain owner is _using_ the domain. There's a site there, and it's been their email address for decades.
That's not squatting just because someone with money wants it.
- ALittleLight 3 years agoThe website is basically an image of a wormhole. The owner is using the domain for an email address, but I imagine they could reach an agreement where he kept the email address(es).
Maybe squatting isn't exactly right, because he's not trying to sell it, but it seems closer to squatting than using it to me.
- packetslave 3 years agoHe would be well within his rights to host no website at all on the domain. Using it solely for email is 100% "using the domain". Period. The end. Not squatting. Just became some crypto bros want the domain does not change that.
- resoluteteeth 3 years agoDo you think that for any given domain, if there's someone who can make better use of that domain than the current owner, they should be allowed to take it?
For example, soup.com is just a redirect to https://www.liptonkitchens.com/ right now, without any specific content of its own, so they're using it even less than this person is using wormhole.com, since he's using it for his email address. If I am prepared to start an actual soup related blog should lipton be forced to give the domain to me?
- packetslave 3 years ago
- ALittleLight 3 years ago
- puffoflogic 3 years agoI recall doing something similar (text following cursor on a delay) as an exercise in a "learn javascript programming" book about 20-15 years ago. The clever bit here is the text being dynamic, like a clock, but I doubt it's an entirely unique idea and more of an evolution of the idea from the exercise. This use of javascript seemed quite clever and important back then; you had to be there.
- kadoban 3 years ago
- JonathanBeuys 3 years agoIt is not easy to say who is right here.
From the little information in the article, it looks like this is how it went down:
Jump sent an unsolicited email to Dick, offering $2500 to buy the domain.
Dick did not want to sell and phrased that as "The price for wormhole.com is a firm $50000", expecting nobody would want to pay $50k for it.
Can the latter be seen as a binding offer?
Given the sum of the circumstances, my feeling is that it can not. A one-line reply to an unsolicited email with a price 20x the initial offering is not really signaling a serious will to sell.
- nrmitchi 3 years agoNo. That’s why contracts exist.
If an email with a number in it was a binding offer, then what is a contract for?
Edit: I see that you edited in an additional paragraph at the end of your comment after my initial reply. If you’re editing a comment after-the-fact, it’s good practice to make it clear for future readers.
- JonathanBeuys 3 years agoContracts do not have to have any specific form. An email exchange can very well be a contract.
- rosndo 3 years agoWhy would an email with a number not be a contract?
- kortilla 3 years agoThe same reason an mls listing is not a contract.
- kortilla 3 years ago
- tinco 3 years agoA contract is for selling things that are more complicated than a simple transaction. If you go to the supermarket and buy a sandwich, you don't sign a contract. They stipulate a price, you agree by taking it off the shelf and showing it to the cashier. Then you inform the cashier of your banking details by sliding your creditcard, and your bank and their bank arrange for the actual payment.
In this case, Jump agreed to the price the person set, and then the person didn't give Jump the opportunity to pay. Where I live I'm pretty sure this would have been a binding agreement, though there's definitely some exceptions to that law that might or might not apply here.
- nrmitchi 3 years agoOn many occasions it’s been upheld that an advertisement is not an offer in a contract. A store cannot be sued over not delivering on an advertisement.
There is a huge difference between buying a sandwich, and a claimed 5-figure deal. No one is going to sue over not being able to buy a sandwich.
If you walk into a car dealership and buy a car, you can be damn sure there will be a sales contract.
- akvadrako 3 years agoSupermarkets dont need to sell you stuff for the price on the shelf. That would be insane.
- nrmitchi 3 years ago
- JonathanBeuys 3 years ago
- nrmitchi 3 years ago
- greengrassi 3 years agoThere may be an argument that the sale price has been negotiated. Although I don't believe it has, since Jump countered again after the fact with $200k.
However the rest of the terms have not been negotiated. Timeline and transfer details have not been discussed.
For timeline I suggest: When the moon is in the Seventh House And Jupiter aligns with Mars
As for the "transfer ceremony", I leave that to your imagination
- gamblor956 3 years agoGenerally, the UCC sec 2-201 "statute of frauds" requires that agreements for more than $500 for an exchange of goods must be signed, and in writing. Most states have adopted the UCC or this portion of the UCC.
An informal (unsigned) written agreement can still satisfy this requirement...so long as it represents the intent of both parties to be bound by the contract. But there is correspondence by the domain owner to Jump that he did not throw out the original $50k price expecting it to be accepted or to form a valid contract. And before that correspondence he didn't act like there was a binding agreement.
However, the $100k follow-up email by the domain owner would represent a firm offer that would satisfy the statute of frauds. It doesn't appear the $100k was accepted, and Jump is suing for the $50k price. Ultimately, they will spend a multiple of the original price on legal fees...to try to get the original price. (That assumes they win at court. I would estimate that there is a <1% chance they win if this goes to trial, or to appeals. They chose the wrong hill to fight on.)
Most likely outcome: Jump settles for $100k plus the domain owner's legal fees.
- csunbird 3 years agoI think that they do not mind spending 50k or 100k, they just want to secure the possibility of sale going through. They probably do know that the legal fees alone would cost them more, they just want the domain.
- csunbird 3 years ago
- 3 years ago
- sva_ 3 years agoI was twisted at first, but now firmly stand against the man, since he disables the right-click menu.
- stjohnswarts 3 years agoJump needs to retain new lawyers because their current ones seem to be idiots at face value.
- 3 years ago
- SkipperCat 3 years agoI think the lesson learned here is don't reply to offers unless you really want to sell.
- rearseet22 3 years agoReading the article it looks like the domain owner was leading wormhole cryptocurrency on a bit with counteroffers wormhole agreed to but then he backed out of. There’s probably more to the story then the headline elicits.
- gamblor956 3 years agoThe bloomberg article has more details. Based on the correspondence provided by both parties there wasn't an offer made by the domain owner. He suggested a price, but that by itself does not constitute an offer, or houses would always sell for list price.
Bloomberg quotes a corporate lawyer who claims that the $50k price constituted a "firm counteroffer," which could be accepted, but they chose the wrong expert to ask.
Generally, for contracts between corporations and non-corporate entities, legal formalities are required to make the contract binding. This almost means a signed written agreement where the terms of the exchange have been specified.
Between corporations, or between individuals, courts have been willing to relax the requirements for formalities (meaning, not requiring signatures, or not requiring a single document laying out the agreement between the parties). But between corporations and individuals, courts have been very, very insistent on observing legal formalities, due to the extreme power differential between the parties.
It's very likely that Jump will settle this case. Even if they somehow win at trial, the domain owner can simply appeal and keep hold of the domain name for years before the appeal is resolved.
- ludamad 3 years ago> It's very likely that Jump will settle this case. Even if they somehow win at trial, the domain owner can simply appeal and keep hold of the domain name for years before the appeal is resolved.
I hope he crowdfunds his legal fees if it comes to that. It would be an apt way to fire back at people claiming to defend public goods, and the negative PR would worry Jump almost more
- ludamad 3 years ago
- gamblor956 3 years ago
- m3kw9 3 years agoNow it will cost legal fees plus a million
- sorokod 3 years agoCartoon level evil, Mr. Burns class.
- zmgsabst 3 years agoYuck.
I’m sick of living in a society where wealthy people are able to bully and harass others.
No corporation would feel bound to honor a price tossed out casually in an email with nothing signed — and it’s disgusting they’re suing an old man to bully him.
Why is it crypto people are so gross? — how can I take the current state of crypto seriously when a “major” platform acts like petulant middle schoolers?
- gruez 3 years ago>Why is it crypto people are so gross? — how can I take the current state of crypto seriously when a “major” platform acts like petulant middle schoolers?
see: https://en.wikipedia.org/wiki/Fundamental_attribution_error
People/companies suing people over domains isn't new. See for instance, nissan.com
- moron4hire 3 years agoSo what?
- gruez 3 years agoI was refuting the parent comment. If you have trouble understanding the significance/consequence of that act, or that "so what?" is an adequate reply to that, then it's clear that engaging with you is not worth my time.
- gruez 3 years ago
- moron4hire 3 years ago
- JaimeThompson 3 years ago>Why is it crypto people are so gross?
They are desperate to become the new middle men so they fight dirty.
- criddell 3 years ago> Why is it crypto people are so gross?
Yeah, I don’t get how they see this as a good move.
- sacrosancty 3 years agoTo be fair, he bullied them first by lying about his offer, even insisting that it was "firm" when it really wasn't at all. Those people are assholes when they win their smaller-scale bullying game. He just happens to have barked at a bigger dog than himself.
- ericd 3 years agoJump Trading was founded in 1999, they’re traditional finance people, not “crypto people”.
- nneonneo 3 years agoThey’re buying this domain solely to use it for their wormhole network, which bridges blockchains together. So, in this context, they most definitely are “crypto people”.
- ericd 3 years agoI know it’s for a crypto related project, I read the article, but I’d argue that the average finance person adding another asset class that they trade is substantially different from the archetype that most would describe as “crypto people”.
- ericd 3 years ago
- pgwhalen 3 years agoMost crypto people are traditional finance people at this point, this is lost in a lot of conversation about crypto.
- j4yav 3 years agoThey seem to have since then moved to operating in crypto (tfa says they want the domain for their crypto business).
- nneonneo 3 years ago
- t_mann 3 years agoWhy is it crypto people are so gross?
Sorry to shatter your illusions, that's not specific to crypto at all. Disney lawyers are far less child-friendly than the company's content, and so is pretty much every major corporation. Just this week, I remember Zara (the fashion retailer) sueing a one-woman-run boutique named House of Zana. A bit before they also sued a women's empowerment business called Tara Sartorial (yes, because of likeness of the names). The number of tiny independents that Jack Wolfskin has sued for putting anything resembling an animal footprint onto pretty much any fabric is countless. We could go on here.
- zmgsabst 3 years agoI don’t see how outlining other gross behavior makes crypto people less gross.
Eg, Disney is currently suffering major financial losses due to being associated with child grooming and trying to overturn democratically passed laws.
Is your point that I should accept the grotesquery of a major company suing an old man because others behave badly?
…How does that make sense?
> Sorry to shatter your illusions, that's not specific to crypto at all.
This is also a petty ad hominem that requires an uncharitable assumption about me.
Far from shattering my “illusions”, you just revealed your own cynicism and low standards.
- t_mann 3 years agoSo do you have issues taking fashion retailers seriously because major players act like "petulant middle schoolers" (your words)? Do you have problems taking pretty much every economic sector seriously because major players act in an incredibly petty way heaping frightening lawsuits on unwitting individuals? Or are you just holding crypto companies to a different standard because you have other reservations about the sector?
- JaimeThompson 3 years ago>Disney is currently suffering major financial losses due to being associated with child grooming and trying to overturn democratically passed laws.
>This is also a petty ad hominem that requires an uncharitable assumption about me.
The contrast between those two statements is most interesting.
- t_mann 3 years ago
- zmgsabst 3 years ago
- 0x4d464d48 3 years ago"Why is it crypto people are so gross?"
https://corporatefinanceinstitute.com/resources/knowledge/ot...
Because some people do not give a fuck. We're talking about people who support valuation of assets based on speculation with no actual economic value while pumping out oceans of CO2 and wasting copious amounts of energy to have computers, to simplify a bit, guess a number somewhere between 0 and 2^255 for the privelege.
Seems on brand.
- 3 years ago
- 3 years ago
- everyone 3 years ago"Why is it crypto people are so gross?" They're conmen running a scam, they're gonna be super gross of course.
- TAForObvReasons 3 years ago> Merryman responded on July 1: “The price for wormhole.com is a firm US $ 50,000. -Dick-.”
> Merryman hadn’t been serious about selling, he said, throwing out what he viewed as a high offer to get them to go away.
If he wasn't serious about selling, he should have said so and moved on. It seems smarmy to quote an offer price without a sincere intent to sell.
- netram88 3 years ago>It seems smarmy to quote an offer price without a sincere intent to sell.
Merryman is 79, and receiving emails about selling the domain he's owned for decades. He has never asked for these emails, and just wants to be left alone. He throws a highball offer, hoping they'll go away. He then clarifies that he doesn't want to sell, which he is of course fully allowed to do. Then they sue him.
I would say there are smarmy actions in here, but not on the part of Merryman.
- 3 years ago
- shepardrtc 3 years ago> He then clarifies that he doesn't want to sell
He increased the price to 100k, then 200k, then said no.
- 3 years ago
- Jaepa 3 years agoI think he was serious about selling it. But he was so severely low-balled initially that he doesn't trust Jump to give him a fair price.
Jump's original bid is 2,500 dollars.
- juancb 3 years agoPerhaps a more direct "fuck off" would have been better?
View it from the eyes of a guy that retired in 2001, or any reasonable person, and $50k for a domain is an absurd amount that should have been tantamount to "I'm not selling, take off."
- rosndo 3 years ago>or any reasonable person
There are many reasonable people who understand that $50k is nothing for a decent domain name.
- rosndo 3 years ago
- boesboes 3 years agoI dunno, as long as there is no contract I dont see why he can’t reconsider. I mean, offers are retracted all the time
- djohnston 3 years agoSure, that's the most you can say. Without a signed agreement he has no obligation to listen to them or sell.
- rosndo 3 years agoWhy would an email not be an agreement?
- rosndo 3 years ago
- AdmiralAsshat 3 years ago"smarmy" is not illegal. It's also not a binding contract.
- copperx 3 years agoI think we've found the potential buyer.
- netram88 3 years ago
- gruez 3 years ago
- barnbuilder 3 years agoThe linked article seems to be copied and pasted from here: https://www.businessinsider.com/jump-trading-sues-over-wormh...
Not sure what "kqeducationgroup.com" is but it looks illegitimate.
- dang 3 years agoOk, we've changed the URL above to that from https://kqeducationgroup.com/jump-trading-sues-79-year-old-c.... Thanks!
- davidmr 3 years agoIt certainly does—my apologies. This is where I saw it first. Unfortunately I can’t change it.
- paulgb 3 years agoBI runs content syndicated from elsewhere, so appearing on BI doesn’t indicate that it’s their reporting (although someone who can see past the paywall may be able to say for sure). Assuming that the linked source is legally running the piece, it’s a better link for HN because it isn’t paywalled.
- holler 3 years agoUnrelated but I clicked your name and noticed you joined in 2007 the year HN started, that's pretty cool! How did you hear about it back then?
Also drift.space/jamsocket seem pretty interesting (the jamsocket site seemed to lag when scrolling).
- pluc 3 years ago> Alex Morrell is a correspondent at Business Insider covering Wall Street at large
OP's article is trendsquatting.
- holler 3 years ago
- paulgb 3 years ago
- dang 3 years ago
- Ecco 3 years agoI will have to disagree with most comments here: I’m not sure Jump is to blame here.
- $100’000 seems like a rather generous compensation to change your email address.
- And most importantly, they simply agreed to his initial demand. And now he’s backing off out of greed. Hell they even agreed to his second counter-offer of $100k and now he wants $200k…
- nrmitchi 3 years agoWell if that’s the case, I’d like to buy your house for $50k. That seems like ample compensation for you just changing your address and you should take it.
The point here is:
- someone with knowledge of something’s value tried to by something - person who owned it realized that they didn’t know the value - person realized the value and decided he wasn’t going to undercut himself.
Now in this situation, you’re calling the 79 year old man greedy, rather than the company being greedy? The company that is fairly-clearly trying to run an old man over with legal fees to steal something that they don’t own?
- idiotsecant 3 years ago>Well if that’s the case, I’d like to buy your house for $50k. That seems like ample compensation for you just changing your address and you should take it.
1) Parent post never accepted an offer to sell their house to you.
2) $50k is not ample compensation for any house almost anywhere, as shown by median housing prices.
- kortilla 3 years ago> 1) Parent post never accepted an offer to sell their house to you.
Neither did the old man. So, case closed?
- stjohnswarts 3 years ago$50k is not ample compensation for a domain that is worth $500k to Jump.
- kortilla 3 years ago
- Ecco 3 years agoI feel like a key difference here is that the owner was initially willing to sell for $50k. He was the one coming up with this price tag in the first place, wasn’t he?
- nrmitchi 3 years agoSo when a house is listed for sale for an asking price, does that mean the seller is obligated to sell for only that amount? The seller came up with that price tag in the first place.
- anonymousab 3 years ago> I feel like a key difference here is that the owner was initially willing to sell for $50k.
He said it as a clear joke. Here's a ridiculously huge number for a novelty, a bauble - now go away.
- shkkmo 3 years agoThe owner never stated a willingness to sell, just a price.
If you come up to me while I riding my bike and says "I'll give you 25 dollars for that" and I respond "it's price is 500 dollars firm", that doesn't mean you can then give me 500 dollars and take my bike or sue me for refusing. That is ridiculous.
Even if I did have an intention of selling the bike at that price, I am in the middle of using it and can easily accept or reject attempts to buy it at a time that is inconvenient for me. Similarly, it is also my right to choose who buys my bike at that price. If it has strong emotional value I may refuse to sell it to someone who I don't think will treat it well.
- nrmitchi 3 years ago
- site-packages1 3 years agoThis is classic offer and acceptance in contract law. If you did indeed offer, in writing, $50k for that person's house in something that wasn't a joke offer, and then other person accepted for whatever reason before you rescinded the offer, that's a valid contract for sale of something. There may be additional concerns given it's real property and not goods, but the point stands: the owner was presented with an offer, then countered the offer with $50k, and the first party accepted the offer. All in writing. This creates a valid contract.
- sokoloff 3 years agoHouses sell all the time after multiple offers and sometimes not at all, even in the presence of a full asking-price offer.
- stjohnswarts 3 years agoBut it isn't.
- sokoloff 3 years ago
- hedora 3 years ago> I’d like to buy your house for $50k.
If I say "it's worth about twice that", are you now allowed to evict me? I think not.
- idiotsecant 3 years ago
- lovehashbrowns 3 years agoJump lowballed for $2500 knowing full well that was a trash offer for a domain like wormhole.com. The owner just figured 50k would be such a big number that Jump would go away.
There’s no world where Jump should be suing this person. There’s no contract here. Jump is just being greedy and is trying to bully this person into selling the domain.
- Ecco 3 years agoI’m sorry but I don’t agree.
If you don’t want to sell, they say “this domain is not for sale”. If you say the price is a “firm $50k”, well, it looks to me like you’re willing to sell for $50k. And I don’t think he was bullied into coming up with this offer.
- lovehashbrowns 3 years agoIt looked to be 50k, but that changed. There was never a full agreement.
You can change the price of something based on the buyer’s response. Happens all the time.
Magic the Gathering, antiques, art, domains, Instagram usernames, etc. if someone starts salivating at a price you thought was wild, you’re obviously selling for too low.
- lovehashbrowns 3 years ago
- Ecco 3 years ago
- moreira 3 years agoIt's his domain, he is free to change his mind for whatever reason.
He's not obligated to sell it for any amount of money, and he's definitely not done anything that he should be sued over.
He's free to be as greedy as he wants to be, and the company are free to either pay up or go away. But bringing him to court because "wahhh he won't sell to us" does seem ridiculous.
- Ecco 3 years agoI’m not sure I agree with that. I think he’s absolutely free to come up with whatever ask he wants in the first place. But once he did ($50k) and once a buyer agreed to it, I’m not sure it’s fair to revisit the price.
Order is of the essence here.
- kortilla 3 years agoIf I list my house for $20, then realize it might be too low and raise the asking price to $100k, that doesn’t suddenly mean I’m forced to accept the first offer that comes in.
- kortilla 3 years ago
- Ecco 3 years ago
- jaclaz 3 years agoIt seems to me a bit different.
They offered initially $ 2,500.
Then he replied saying that the price was $50,000.
Then he rejected the offer of $ 50,000 and was offered first $ 100,000 and then (through a different agent) $ 200,000.
Of course IANAL (and know anyway very little of US Laws) but if this corporation really-really believed that the $50,000 reply actually amounted to a binding contract, they should have attempted to have it respected immediately, the two later offers, doubled each time, sound nothing like "good faith" (probably irrelevant in court, still ...).
- Ecco 3 years agoI agree with you.
I think they were willing to pay more than initially agreed to expedite the process. Since it didn’t work I’m pretty sure they’ll ask the court to execute the sale at $50k.
- jaclaz 3 years agoWell "more" (to expedite the process) is not double or quadruple.
At least when/where the object of the sale has a value that can objectively be estimated.
Surely a reply like "The domain is not for sale." would have been better, but considering a one line reply (to an unknown/unverified correspondent) a binding contract sounds (to me) more than a bit "off".
- jaclaz 3 years ago
- mr_toad 3 years ago> Then he rejected the offer of $ 50,000
You can’t reject your own offer!
- jaclaz 3 years agoThe offer to buy at 50,000, I meant.
Maybe it is a translation issue, here (Italy) it is the buyer that makes an offer and the seller that sets a price or accepts an offer (or proposes a counter-offer).
- jaclaz 3 years ago
- Ecco 3 years ago
- zamadatix 3 years agoHe's had the domain since '94 and he's 79. If he's refusing to sell to someone offering double his original "go away" offer I'm inclined to believe he's truly not interested in selling the domain not that he's hoping to hold out even longer.
However even if this was his long con on owning the domain having proposed a number in email seems unlikely to form a contract that he must sell it to them at that cost but I suppose we'll see.
- ipaddr 3 years agoFor some people 500 would be generous compensation to change an email address. Others 5,000,000. What your personal level is doesn't factor in.
Not getting a current market value offer an blindly accepting isn't greed. Being 79 with a domain you carried for years can be worth more than 100,000 which after taxes is much less.
- Veen 3 years ago> And now he’s backing off out of greed
What do you think motivates the algorithmic trading company trying to buy the domain?
- chronic83930 3 years agoTrading companies: we exist to make as much money as possible
Tech companies: we exist to make the world a better place
Everyone on this planet is greedy.
- The church priest asking for donations
- the homeless man asking for drug money
- and the software engineer with competing FANG offers.
At least finance people have the balls to admit it.
- Ecco 3 years agoAgreed.
I guess actually everyone is greedy in this story, but only one party doesn’t seem to be true to their word.
- chronic83930 3 years ago
- juancb 3 years agoAt which point he'll ask for 400k, and then 800k ad infinitum. He doesn't want to sell.
- shepardrtc 3 years agoHe should have just ignored them from the beginning.
- shepardrtc 3 years ago
- stjohnswarts 3 years agoWe live in a free market, the domain is worth whatever people are willing to give you for it and not a penny less. Why should he give it up to make some crypto-bro happy? He's had it for something like 20 years.
- Fauntleroy 3 years agoJust because someone makes a good offer, it doesn't obligate the other party to accept it.
- ALittleLight 3 years agoTrue, but if someone says "The price is X" and you say "Okay, deal" and then they say "No, that was too easy, I could get more from you" then there may be some kind of obligation there - at least a moral or social obligation if not a legal one.
- stjohnswarts 3 years agoWhy should the individual have morals when dealing with corporations when corporations don't have morals?
- stjohnswarts 3 years ago
- Ecco 3 years agoWell, it’s not just a good offer: it’s the price the seller asked for in the first place, isn’t it?
- frumper 3 years agoSince he hasn't sold anything its kind of hard to call him a seller. He got an unsolicited email. He isn't in the business of selling domains.
- frumper 3 years ago
- ALittleLight 3 years ago
- nrmitchi 3 years ago