My initial point was too terse, indeed. My point did not come accros.
The point is that ZCE doesn’t benefit the merchant in any possible setup. The escrow can be taken, but that doesn’t benefit the merchant. Yes, we could maybe fix it by sending the escrow to the merchant but that is what my point counters.
A merchant would not want the escrow. He doesn’t want money that is officially not his. As such there is no incentive to them to actually claim the ZCE.
The only thing that the merchant wants is the original payment. The escrow is irrelevant and useless to the merchant. That was the point I wanted to make initially.
The assumption there is that the miner has a choice.
The assumption is that the miner has both transactions and can pick which to mine. This is indeed in line with the faulty premise of the CHIP that it assumes there is way for miners to start doing replace by fee. And thus the scheme is based on the idea that the miner now has MORE incentive to not take the higher fee one, but the original one.
This makes sense, if the miner had both transactions. But as I explained in the long post, this is not possible and the protection we have for double spends (first seen and the dsproof) are designed such that miners don’t get to see the alternative transaction.
So, a miner that gets the ‘wrong’ transaction (that cheats the merchant) in their mempool will have no clue that there is a way to get half of that money. They will simply mine the transaction they have access to.
If there is another miner that got the first transaction that wins the block, then indeed a miner can take the funds. But at this point we have exactly the same odds and outcomes as the dsproof usecase of the same setup.
The merchant still can lose their money in the small case of the ‘wrong’ transaction being mined first. 100% identical to a double spend without ZCE (to the merchant).