No, I do think they should send it back.
I said it isn't theft. It's crypto, you verify before you send money every time.
If I owned the company I would send it back, I think they should send it back.
However, Crypto is owner beware. Each user has to take responsibility to know where they are sending their money.
If costs money for them to return funds that shouldn't have been sent there in the first place.
It would be wise, kind and great to send it back. It is not their responsibility.
My argument is that it is not theft. I am not saying they have a right to it.
You are wrong, according to uk law it is their responsibility to send it back.
https://www.wilson-nesbitt.com/news-updates/Criminal/7463/Public-unclear-on-law-on-retaining-wrongful-credit
If I illegally park on your property, you do not own my car. If you kept it that would be auto theft. How is this fundamentally different?
I do agree it is the senders fault. They should have to pay a reasonable fee. Steem is 0.2steem. 0.2sbd would be reasonable.
If SBD is considered valuable (it's taxed) and Binance is aware and Binance doesn't send it back, this is actually illegal by European banking standards and considered a type of theft (denial of rightful property). The only exception would be if Binance strongly suspects the SBD was attained illegally. In that case it should be sent to the authorities.
The issue is no one will sue Binance over a few dollars.
Binance is a leader in crypto, but they also give it a bad image. This is a clear example.
Binance has SAFU and they brag everytime an exchange gets hacked that their members are covered, but in the case of accidents, they do nothing. It's low key....it absolutely does need attention.
Asking binance to list shitcoin no 92 gets no attention. Asking Binance why they unlawfully retain 20,000SBD worth over 12000 USD may get someone's attention.
If I mail cash to the wrong address.... There is absolutely no reason to send sbd to binance.
In crypto if you have the keys to where it is sitting it is yours. That's all there is to it. That is why it is called a trustless system. Now, Binance may handle this in a way that endears them to the crypto community by sending the funds back... Or they can keep it.
Either way it isn't stealing it is just a business decision.
For the time being, since Binance has not touched the SBD, they may or may not be stealing. They are very unlikely to be the legal owner of it. It's a business decision in the sense that they aren't returning it or using it.
Take usually means you actively acquired it. However, it can mean obtain or acquire possession of something. Binance did not deliberately take it, so it was definitely not initially stealing and Binance had no intent to steal because they didn't touch it.
Binance never had permission from the owner to keep it. They may or may not have legal right to keep it. I don't think they have the legal right and they are not touching it which makes me think the answer is not obvious to them either. Besides, it's a sort of poor ethics now. If they spent it on anything without clear permission, it would be a reputation disaster.
It was sent to Binance on good faith that it could be traded. It was definitely not donated or abandoned (ie. send to null/steem.dao).
If Binance doesn't intend to return it, this closely resembles the definition of stealing. If Binance was made aware of it and said no, then they would need to prove they have right to possession.
You are right to say it isn't stealing because no legal judgement has been made, but a court could easily order it returned and refusal to do so would definitely be stealing.
So it's potential theft, accused of unlawful possession, pending legal action, etc.
I would say this sufficient to pursue legal action, it may not be thrown out of court. It probably isn't worth the effort, especially given the general status of cryptocurrency.
However, instilling more trust in Binance under these circumstances is not a good idea.