Quote from: nanonano on February 27, 2014, 11:44:47 AM

I'm not that interested in how the law is currently interpreted in some specific jurisdiction right now (no horse in the race either), but I would like to see someone actually argue why bitcoin should not have the same exception as these existing exceptions "to facilitate trade and commerce by favouring security of transactions over the protection of property rights in certain common, but risky, trading situations". Personally I have problems making a good case against that.

There is no case law here. Thus the only certainty is lots and lots of lawsuits. For Bitcoin the best outcome is if MtGox's records are so bad that they can't identify which bitcoins were stolen but this seems unlikely.

Some courts may go with your argument above. Others may rule bitcoin a digital commodity and order coins be returned to victims. It will likely vary by jurisdiction. As clarity in law is probably not coming anytime soon all we can be sure of is uncertainty in regards to this issue.

Recommended Reading:
How Bitcoin could become its antithesis
Failure to Understand Bitcoin Could Cost Investors Billions
Economic Devastation