Note: IANAL and Blockstream is based in Canada. We need proper Canadian lawyers to look into this. Canada has strong antitrust and anti-racketeering laws as well as the USA.
I started thinking about this topic while I was reading that Greg Maxwell was threatening the BU team with legal action for the use of the word "Blockstream" in one of BUs configuration variables (absurd but true).
"That's interesting," I thought. "We're going to fight in court apparently. I wonder what sort of legal violations Blockstream might be guilty of?"
I'm presenting this layperson analysis to stimulate discussion about two things:
- were actual crimes committed by Blockstream (I think so)
- regardless of criminality, the community needs to expose this harmful behavior for what it is and call out Blockstream once and for all as an attacker
I'd like to review the history and offer my interpretation in the hopes that actual discussion can take place:
- On February 21st, 2016, a group of miners with a significant hashpower majority entered into an agreement brokered by Adam Back, the President of Blockstream, which declared among other things:
- (a) That miners would only run Bitcoin Core-compatible consensus systems
- (b) That Core would continue to follow strategies that limit capacity to no more than 4MB, max
In my opinion, 1a and 1b taken together define a cartel, "an association of suppliers with the purpose of maintaining prices at a high level and restricting competition"
At least in the USA, the landmark Sherman antitrust act in the USA explicitly outlaws such cartels:
- (c) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal
- (d) Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony
I believe that a good case can be made that Adam Back, acting as President of Blockstream (1), facilitated and contracted with various miners to create a capacity-limiting, anti-competitive cartel that violates the federal antitrust statutes in the USA, if not Canada.
Now how about racketeering? How is racketeering defined?
In the USA we define it loosely as "a service that is fraudulently offered to solve a problem, such as for a problem that does not actually exist, that will not be put into effect, or that would not otherwise exist if the racket did not exist. "
This one is easy. I'd argue that the nonexistent problem is "Bitcoin cannot scale" and "block sizes must be kept tiny" which creates the "problem of high fees." The fraudulent solution is Blockstream / Lightning Network, whose need is 100% dependent on Bitcoin being unable to work as originally designed.
In my opinion, that's racketeering, folks.
RICO violations can get you 20 years in the federal pen in the USA.
(1) Blockstream attempted to distance itself from Adam after he created the cartel by claiming that Adam spoke as "an individual" not as "President of Blockstream" which is ludicrous and will be laughed out of court. Adam isn't a call center rep, and he wasn't speaking at a PTA meeting.