moppop said:JDKJ said:Radeonx said:JDKJ said:danpascooch said:Can you please to me how saying that you are going to donate whatever excess money you have to charity and then doing so is fraud?JDKJ said:I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.As a legal matter, brah, some gifts are not given to the recipients for them to do with whatever they want. A donatio mortis causa (i.e., a gift given in contemplation of imminent death) has to be returned to the donor if they don't imminently die as they contemplated. Similarly, a gift given in contemplation of marriage (e.g., an engagement ring) reverts back to the giver if the marriage is called off and never occurs.Radeonx said:A donation is a gift. Sorry, brah, but Hotz can do whatever the hell he wants with the leftover funds. You should be more careful with who and how much you donate your money to.JDKJ said:danpascooch said:You do realize he has paid his lawyers up till now right? And he said he would donate whatever is left over when he accepted the donations.JDKJ said:Smart move, Georgie Boy. 'Cause you were most certainly on your way to getting about 12 inches of Sony penis up your rectum.
And if you don't immediately return the money that was donated your Legal Defense Fund, I just might class-action your ass for fraud, false pretenses, theft, and any other claims I might be able to cook up against you.
As long as the money is used to pay his lawyers up till now, and the rest is donated like he claimed up front, there is no fraud. And he sure as hell shouldn't pay it ALL back, it's not like the lawyers worked for free up till now.
Honestly, this seems like somewhat of a victory for GeoHotz, think about it, the root key got out, and he didn't go to jail or owe Sony millions of dollars, sounds like a victory to me at least.
That's not where the fraud occurs. The fraud occurs in stating that you will accept my money and use it to accomplish Object X and then deliberately failing to accomplish Object X. Plain and simple. The promise to donate a surplus to the EFF was the surplus left over after Object X was accomplished. But Objective X was never accomplished. Therefore, there's no surplus.
A little internet research before we open our mouths and get to talking about that which we know absolutely nothing, goes a long way, brah.