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But the complaint is that people are selling the rights to pictures via NFTs that they don't have the rights to sell in the first place, isn't it? So the analo
by noodle 5y ago
But the complaint is that people are selling the rights to pictures via NFTs that they don't have the rights to sell in the first place, isn't it?
So the analogy would be that some third party took a copy of your photograph of the building and sold the rights to it despite them not having the ability to do so?
- politician 5y agoNo, the complaint is that OpenSea is distributing images that were uploaded by users that lack licenses to do so and that OpenSea does not have a compliant DMCA process. Therefore it is being asserted that OpenSea cannot claim a 512(c) exemption from liability. [1] https://crsreports.congress.gov/product/pdf/IF/IF11478 https://crsreports.congress.gov/product/pdf/IF/IF11478 In other words, the complaint is that when you curl e.g. https://images.opensea.com/some-pixel-artwork https://images.opensea.com/some-pixel-artwork it returns a PNG of the pixel art without adequate license metadata, and there's no one to talk to that will fix the issue.
- basch 5y agoDont confuse selling a picture for selling the rights to a picture. An NFT could include the rights to the actual art itself, but most likely youre buying a sole reproduction. Similar to how going and buying a copy of a photograph at the store doesnt necessarily give you the explicit right to reproduce it for profit. Copyright is different from possession. NFTs are possession, unless they spell out that the purchase also transfers the copyright.