"Code is not law": Seth Green thief stole Bored Apes, not rights say experts

“Code is not law”: Seth Green thief stole Bored Apes, not rights say experts – Mail Bonus

Austin Power’s actor Seth Green has sparked a debate over who owns the commercial rights to use the Bored Ape Yacht Club NFT, after his monkeys were stolen and sold to another party.

On May 18, Green tweeted that four of his NFT symbols, including BAYC # 8398, Mutant Ape Yacht Club (MAYC) # 9964 and # 19182, and Doodle # 7546 had been stolen from him after he visited a web site.

Green, author of Robot Chicken and co-star in Family Guy, pointed out that someone with the pseudonym DarkWing84 had already purchased BAYC NFT. Lawyers and members of the community are now weighing the impact of theft on BAYC (IP) intellectual property rights.

The BAYC license does not provide for theft. It just says that “When you buy NFT, you have the underlying Bored Ape, Art, completely.” Some people think that this means that even if NFT is bought by a thief, the right of use is transferred to the new owner.

Green has a TV show called White Horse Tavern in development that shows the Bored Ape in question, so if this interpretation is correct, he could not continue with the show because he has lost the right to use the ad. A cart for the show premieres on May 21 at the VeeCon NFT conference in Minneapolis, but the opening date is unknown.

Eric Clman, professor of IP and technology law at the University of Santa Clara, told Buzzfeed News on May 25 that buyers are usually legally protected if they unknowingly buy a stolen item, and Coin Center communications director Neeraj K. Agrawal suggested Green could be sued if he still uses BAYC in his episode.

But Blockchain Association policy chief Jake Chervinsky said that interpretation was wrong and a court would probably rule in favor of Green retaining legal rights over BAYC’s image, adding “In other words, code is not law.”

Green already implied Wednesday that he will go to court to get BAYC back if it is not returned by DarkWing84.

Anderson Kill Preston Byrne, a technical lawyer at the law firm, agrees that Green probably has a strong case for keeping property rights on the list. On May 25, Byrne said it was a “classic ‘dirty hands’ scenario” because BAYC was bought by a thief with a reservation from the victim.

The BAYC in question was stolen and then sold on May 8, long before Green tweeted about its status. Goldman believes that questions will arise as to whether unchangeable blockchain registration can legally outweigh the lack of notice.

DarkWing84 has not yet made a public comment on what will be done with BAYC.

BAYC’s owners have been targeting phishing scams similar to those that have plagued Green for some time now. On April 25, a hacker took control of BAYC’s Instagram account and posted a phishing page link that extracted about $ 2.4 million in BAYCs.

The same thing happened a year earlier in April 2021, when another hacker robbed the BAYC Instagram account, dropped a phishing site and came up with about 100 BAYC.

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The floor price for BAYC on OpenSea is 91 ETH, valued at about $ 183,000 according to CoinGecko.