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> But in this case, setting up a mining business is trivial.

Not exactly. I'm not exactly sure on the up front cost to develop ASICs, but it's definitely well into 6 figures. BFL sold millions of dollars in pre-orders 12 months ago to fund the design and development of the devices. Everyone in the bitcoin world knew where it was going technology-wise last year, but only 2-3 companies have successfully developed ASIC miners 12 months later.

There are many people who pre-ordered devices from BFL over a year ago and still haven't received them. It seems like BFL would be guaranteed a lawsuit if they started mining on their own before fulfilling those year old orders.



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