The Future of NFTs Lies With the Courts

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The Future of NFTs Lies With the Courts
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As the first cases involving NFTs hit the dockets, courts will decide questions around ownership, art, and commerce.

In the coming months, courts are going to see an influx of NFT-related litigation. Some early NFT cases, like Dash’s, will help identify places where the crypto hype machine has severed all ties with reality. Others, like the Playboy case, will hold to account a few of the many presently behaving as though the law simply disintegrates when one enters the world of Web3.

“It’s unfortunate,” says Erika Douglas, a professor at the Temple University Beasley School of Law who teaches a course on the regulation of emerging technologies. “It gives these early technologies a bad rap, because some of these forays are so dismissive of the law.” A court would also decline to enforce an NFT platform’s terms of service if they violated established law. I could write a contract promising to give you my right arm in exchange for your rent-controlled Greenwich Village apartment, but no court would compel me to abide by such an agreement. Nor could I successfully contract around the fundamental precepts of property law by, say, asserting that an NFT somehow embodies property rights in a JPG file.

If the court determines that the Moments NFTs are securities, Dapper Labs will have to either go through the registration process or verify that the purchasers were “accredited investors,” meaning investors deemed wealthy and savvy enough to participate in risky financial enterprises without the ordinary guardrails.proportion of whom are working-class people of color

Back when the contracts were being drawn up, of course, it never would have occurred to anyone to take into account who retained the right to mint and sell NFTs associated with. Tarantino granted Miramax “all rights” to the film except a handful of specifically reserved rights. These reserved rights included, critically for the lawsuit, the right of screenplay publication.

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