ARGUMENTS OF BOTH SIDES:aka, both sides went back on their respective words.
Moose:
Linkbane said "I shall keep the clack in perfect condition, remembering always that the moment you want it back, it's in your hands."
http://geekhack.org/index.php?topic=49292.msg1104593#msg1104593Additionally, from the OP of this thread, Moose and Linkbane both imply that it is supposed to be returned if Linkbane was ever to get another Clack.
Linkbane:
Moose original conditions are here
http://geekhack.org/index.php?topic=49292.msg1104552#msg1104552"I'll give it to Linkbane, hand delivered (both in Houston), if he makes a vow to never sell it, and if at any point doesn't want it anymore, it comes directly back to me."
Linkbane has not sold it and still wants it (to clarify the terms upon which he lent it to me, he said he would give it to me until Novatouch is released).
"He gave it to me in place of someone else. If he takes it back without providing equal compensation, he's lied to the community and me, essentially stealing it.
I was supposed to receive one, permanently. He promises to give me this one, permanently, otherwise he's stealing something that would have been mine."
In Conclusion:Linkbane is under the impression that Moose was gifting him a clack in place of the one that tjcaustin was going to gift him, therefore it is his because he hasn't tried to sell it either and still wants it.
Moose is under the impression that the clack was just loaned to Linkbane, and he wants it back.
Both parties have said statements that support both sides.
TL;DR**** all this **** I don't have this kind of time. I'm actually starting to consider just auctioning this off on ebay and donating all the money to GH or something.
But I probably won't because that takes time. Give me your opinions.