#47 - Who holds stolen NFT IP: Seth Green's Case (+ Jarkesy v. SEC)

This episode reviews the IP ownership rights associated with Board Ape #8398, after actor and producer Seth Green (who licensed it for his series, White Horse Tavern) was scammed in a phishing attack. The stolen NFT was then sold to "DarkWing84" for $200,000. This episode is largely based on an enlightening thread by James Grimmelmann (@grimmelm), who dove deep into the issue, with additional notes from prominent crypto lawyers Drew Hinkes (@propelforward), Jake Chervinsky (@jchervinsky), Preston Byrne (@prestonjbyrne), and others.

We also cover the recent decision in Jarkesy v. SEC, in which the Fifth Circuit essentially stated that the SEC must go through Federal courts in fraud cases. The implications may be greater than that, and this will be an important case impacting the future of the SEC. 

Other updates include a decision from Hermès International, et al. v Mason Rothschild, an update from LUNA, LexDAO's latest guidance on metaverse lawyering, and more.

Much credit for this episode goes to the incredible sources, including James Grimmelmann (@grimmelm), the CryptoLaw Newsletter (@cryptolaw_news), and a newsletter by two bright law students, Around the Blockchain - which covers everything happening within the crypto law space, every single week. You can find their newsletter on Substack, Around the Blockchain.

Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.