If you’re going to create a collection of NFTs to honor a group of people, it might be worth running the idea by them first.
Jillian York, an author and activist who works with the digital rights group Electronic Frontier Foundation, told The Daily Beast she first learned about her inclusion in the collection in a tweet. She quickly fired off a tweet of her own—“I don’t approve of this whatsoever and would like it removed,” she wrote—setting off a cascade of tweets from others in the group asking for their likenesses to be removed from the collection.
As consternation over the collection grew, the creators tweeted that they were pausing the sale; then, three-and-a-half hours later, that they were taking the entire collection down. “We apologise for not seeking consent from Cypherpunks for their likeness,” Itsblockchain tweeted. “It was a stupid move, it won’t happen again.”
. In the meantime, another account had already reposted the entire collection and started reselling it under the name of Itsblockchain’s founder. on Tuesday, Itsblockchain said it had reported the fraudulent collection, removed all of the original NFTs still in its possession, and offered to buy back the 70 it said had already been sold. Any unclaimed refunds from the sale would be donated in full to WikiLeaks, the company said.
Brian Frye, a University of Kentucky College of Law professor known for selling his law papers as NFTs, argued that the Cypherpunks were essentially niche celebrities, and that making limited-run artwork about them would likely be protected under First Amendment rights.If my client was someone who was trying to launch an NFT collection based on real people, I would advise them likely don’t do it, or at least get authorization first.
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A fool and his money…
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