Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s

Nike made waves yesterday by announcing its acquisition of popular NFT brand RTFKT. This comes in the wake of RTFKT’s controversy regarding certain Terms and Conditions which seemed out of character at the time, but make total sense when put into the context of a pending major acquisition. With major brand acquisitions and partnerships, comesContinue reading “Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s”

Copyright In the Age of Creative Commons

Recently, a large anonymous owner of CryptoPunks (known only by the name “punk4156”) made waves in the NFT world when a chunk of those Punks were put up for sale due to a dispute he/she had over Larva Labs’ handling of copyright issues. As an attorney, this issue is exceedingly interesting to me because generallyContinue reading “Copyright In the Age of Creative Commons”

The Difference Between a Smart Contract and a Traditional Contract

When you mint an NFT, you often have the option to mint from a website set up by the developers, or directly from the smart-contract. What may be confusing to people is the use of the term “smart-contract” and how that differs from our traditional understanding of contracts. Hopefully, if you were one of theContinue reading “The Difference Between a Smart Contract and a Traditional Contract”

The DAO Bros vs. The Dow Jones

I previously wrote about the legality of Decentralized Autonomous Organizations (“DAOs”) and stated then the subject was way too complex to discuss in a single article. After a recent twitter spaces discussion I had (which is hosted every Tuesday at 4:00 EST by one of my favorite artists and decentralization maxi CΞdΞrKing) I figured itContinue reading “The DAO Bros vs. The Dow Jones”

Don’t Phunk With Copyright Theft

I started this blog to give non-lawyers some insight into what an actual practicing intellectual property litigator saw going on in the space. One of my first articles involved the CryptoPhunk controversy, and how delisting those assets on OpenSea was actually good for users. Recently, CryptoPhunks have made a comeback and, as of writing this,Continue reading “Don’t Phunk With Copyright Theft”

When (Wen) Class Actions?

I’ll keep repeating this until it becomes a reality: the law is coming to the wild west of NFTs. Copyright DCMA takedown notices have already started appearing and, as I predicted in my previous blog, securities regulations have caused one prominent project to be delisted from OpenSea (the largest secondary market for NFTs). What isContinue reading “When (Wen) Class Actions?”

DYOR On DAOs Or Be SOL

I get a lot of questions about the legality of Decentralized Autonomous Organizations (“DAOs”). Usually They come from community members who want a project they support to form a DAO, and that project team pushing back because of legality reasons. I will start by saying that if you are in a project which is hesitantContinue reading “DYOR On DAOs Or Be SOL”

What Is An NFT And Why Should I Care? Pt. 3

OK, so I know I said I would do these weekly, but I got busy. Sue me. I’m an attorney; I will OWN you in the courtroom. But at this point hopefully you have read Part 1 of this series where you learned about what an NFT was, and Part 2 of this series whereContinue reading “What Is An NFT And Why Should I Care? Pt. 3”

What Is An NFT And Why Should I Care? Pt. 2

At this point, hopefully you have read Part 1 of this series on NFTs for people unfamiliar with the industry. If not, go back and read it now. Don’t worry. I’ll wait. Your world… OK, so now that you have read Part 1 and understand the basic types of NFTs, you are ready to startContinue reading “What Is An NFT And Why Should I Care? Pt. 2”