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Internal and external troubles of "boring ape" bayc

2022-07-06 07:03:00 【Babbitt information】

This article is from decrypt

Original author ：Sander Lutz

Odaily Translator of Star daily | Moni

A famous artist claimed , The largest on earth NFT The brand was secretly operated by Nazi supporters , The artist then began selling fake versions of the brand NFT series , Net income 180 Thousands of dollars . Some people think that the artist distinguishes right from wrong , But some people think he is using “NFT boom ” Make money naked . Now? , The NFT The brand is suing the artist , The final impact of this case is likely to be more far-reaching than either party expected ——

this , Concept artist Ryder Ripps and “ Boring ape ” BAYC The value behind 40 $ Yuga Labs Ongoing story ,6 End of month ,Yuga Labs Formal pair Ryder Ripps File a federal lawsuit , It's in NFT、 And the wider encryption world , People's main concerns include ：

1、BAYC Are the creators really here NFT Racist discrimination and Nazi symbols are hidden and implanted in the project , After all BAYC Got Stephen curry 、 Jimmy Fallon, Madonna and other celebrities' praise ;

2、 Whether the whole thing is caused by Ryder Ripps Careful planning ？ After all, he lied that he had redesigned the logo of the CIA ;

3、 Whether this case is an obvious libel case ？

4、 What will the final judgment of this case reveal ？

5、NFT Can it be protected by copyright ？（ And NFT How related images are copyrighted is still unclear , After all, this may be a problem worth billions of dollars ）

however , Most people seem to have overlooked another point in this lawsuit ：Yuga Labs No prosecution Ryder Ripps Defamation or infringement of copyright , contrary , This company with a market capitalization of billions of dollars is only narrowly criticized Ryder Ripps Violated “ Boring ape ” The trademark of .

“ A million dollar problem ”

talk about Yuga Labs There was no mention of copyright infringement in the lawsuit , Professor of law, University of Kentucky Brian Fyre Feel a little strange ：“ It's really important , It's really a little unusual 、 Interesting and unexpected .”

Although copyright and trademark infringement are often closely related , But there are two very different things . Copyright protects the content of the work ： The plot of a book 、 The visual elements of a painting 、 A chorus of a song . On the other hand , Trademark protection constitutes the enterprise name of the brand 、 Logos and slogans . Due to not pursuing copyright infringement ,Yuga Labs I don't seem to care Ryder Ripps Thousands of copies “ Boring ape ” NFT The fact that images make millions of dollars , Why on earth is this ？

Associate Dean of research, University of Washington School of law Zahr Said It answers people's doubts ：“ This is a million dollar problem ”, about Yuga Labs For such a company , They sell NFT May not be protected by copyright law .

Brian Fyre Add further ：

“ Many boring ape buyers will be called ‘IP ownership ’ As NFT An important part of the value proposition , in fact , Since last year , We have seen many boring ape owners trying to NFT Turn into a unique clothing series 、 Music groups 、 Hamburg restaurants and TV shows ,Yuga Labs Encourage this behavior , It makes sense , because ： image BAYC In this way NFT Community spirit depends on a hypothesis , namely NFT The holder is not a passive consumer , But for the purchase NFT Active community members with varying degrees of control .”

however , under these circumstances ,“ Boring ape ” NFT The copyright structure of may be invalid in law , Artist and lawyer Dave Steiner Pointed out that ,Yuga Labs There may not be any “ Boring ape ” BAYC The right to , This fact may significantly eliminate the value of the company . Besides , Because of 10,000 only “ Boring ape ” almost the same , And there is usually only one feature , For example, earrings , Therefore, the law may only grant the copyright to the first batch of buyers in history “ Boring ape ” Owner , Because these images , At the time , It's unique .

according to Dave Steiner The explanation of , Except for the first batch “ Boring ape ”, The law will follow every “ Boring ape ” NFT Consider these “ original script ” A variant of . for instance , If you draw an earring on the Mickey Mouse image , The law will not consider this Mickey Mouse with earrings to be copyrighted , Just a Mickey Mouse with earrings , That's it . If interpreted from this legal perspective , Most boring apes （ exceed 99%）NFT It's actually worthless in terms of copyright . therefore , If Yuga Labs Prosecution Ryder Ripps tort , Undoubtedly, he opened a Pandora's box for himself , And this is also Yuga Labs Complex problems that we don't want to deal with at this stage .

So is slander . although Yuga Labs There is enough evidence to investigate Ryder Ripps Slander it , But they didn't do it , This is obviously a very wise decision . Why? ？ Because once with “ libel ” Charge Ryder Ripps, signify Ryder Ripps To launch the NFT The series will be granted legal rights , But also to provide a large number of secret related new to prove “ Boring ape ” Not racist or Nazist . If you start a libel lawsuit , It may lead to months of research and evidence collection , Yes Yuga Labs It will be an endless public relations nightmare .

Two monkeys walk in NFT market

that , If it's not copyright infringement, it's not slander ,Yuga Labs What is the reason for initiating the lawsuit ？

Yuga Labs Employed by the company Fenwick & West Law firms have helped Facebook 、 Amazon 、 Apple 、eBay And Oracle and other technology giants have solved a large number of intellectual property disputes , This June , They filed a formal lawsuit in the central California District Court , In this lawsuit, only Ryder Ripps Violated Yuga Labs The trademark of , Claims are also mainly concentrated in Ripps Yes “ Boring ape ” The use of signs and brands .

“ Your flower 10 Dollars to buy one Louis Vuitton Fake bag , You know it's not real , Right , But the problem is , You bought it because of the trademark .”

Ryder Ripps Put him NFT The series is named RR/BAYC, But it should be noted that , Up to now ,Yuga Labs Not really holding BAYC Trademarks of names and logos , Because its trademark application is pending , Therefore, we can ask for the protection of these trademarks in court . However ,Yuga Labs The lawyer must prove ,Ryder Ripps By quoting “ Boring ape ” Trademarks create for consumers “ The possibility of confusion ” . however ,Yuga Labs It may not be necessary to prove every RR/BAYC NFT Of the buyers were deceived into buying “ Fake monkey ”, They just need to show ,RR/BAYC The collection value of BAYC Value linked .

It is necessary to persuade the court , And please the community ：BAYC In a dilemma

Ryder Ripps Yes “ Boring ape ” What is the motive behind the attack ？Ryder Ripps Do you want to overthrow this multi billion dollar NFT Project ？Ryder Ripps Eager to attack “ Boring ape ” To get more attention ？

Some people say , From the perspective of conspiracy theory , Maybe Ryder Ripps hope Yuga Labs Sue him .

Blockchain legal consulting company DLT Law partner Yitzy Hammer Point out to the point , Prosecution is not a very suitable thing Web3 Things about , Because of NFT The project initiated litigation is a matter of decentralized community awareness NFT Art and Web3 It is very rare in the cultural world . Specializing in trademarks and Web3 Business Taylor Wessing Partner of law firm Christian Tenkhoff Also said , Even though NFT The owner will IP As a major value proposition , But in decentralized communities , Most people think IP It's a kind of “ Old school things , It's from the old world , It's centralized , It shouldn't even exist .”

up to now ,Yuga Labs I have been taking care of my feathers , Avoid and Web3 Community conflicts . therefore ,Ryder Ripps Provocation may make Yuga Labs In another difficult situation ： take “ Boring ape ” Our brand is connected with Nazism . And this , It's actually Yuga Labs The biggest concern .

Besides ,Yuga Labs The timing of the initiation of the lawsuit is also puzzling .Yuga Labs until 6 month 24 The lawsuit was filed only days ago , at that time Ryder Ripps Of RR/BAYC stay OpenSea The sales volume on has exceeded BAYC. Professor of law, University of Kentucky Brian Fyre Supplementary name ：

“ My intuition tells me ,Yuga Labs The reason for initiating the lawsuit , Maybe just trying to make Ryder Ripps Stop defaming their brand （ After all, the accusation of Nazism is not a trivial matter ）, Instead of really worrying about trademark infringement . In many ways , They just feel they need to fight back .”

But whatever the motivation ,Yuga Labs Now it has fallen into “ A dilemma ”. One side ,Yuga Labs Born of experimental 、 decentralized NFT The world ; But on the other hand , With the increasing brand value ,Yuga Labs We need to establish a market leading position in the centralized real world , We need to protect our trademarks and brand values , This may also be a path they have to choose , However, the most difficult one is how to make Web3 The community understands its point of view .

Taylor Wessing Partner of law firm Christian Tenkhoff In conclusion ：

“Yuga Labs We must win on both sides , It is necessary to persuade the court , And please the community , Because of getting Web3、NFT and Twitter Community support , Yes Yuga Labs It's very 、 It's very important .”