The legal risks of auto-updating wallet software; custodial relationships



Summary:

In German law, there is a distinction between "Eigentum" (ownership) and "Besitz" (ability to deal with it). Having the private keys for someone else's bitcoins does not necessarily make you the owner of those coins. Possessing the ability to deal with an asset does not equate to ownership. Thus, possessing a private key does not automatically grant ownership of the associated bitcoins. This is contrary to the assertion that private key possession means full ownership of the bitcoin.


Updated on: 2023-06-09T15:41:37.873156+00:00