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Am I correct in understanding your position as saying that a member of the public offering a URL without the explicit permission of site operator may not just b
by politician 5y ago
Am I correct in understanding your position as saying that a member of the public offering a URL without the explicit permission of site operator may not just be against the site's TOS but may be illegal?
If that's the case, then yes, I would agree that using a URL would require permission from the site operator. That would basically bring to a halt the Internet, but yes.
In the context of NFTs, it presents a real problem because they are immutable. If the NFT contains a URL that is not authorized or if the authorization is subsequently withdrawn for any reason, then the NFT is tainted but cannot be destroyed.
There's probably a start up idea around creating a catalog of tainted and untainted NFTs where regulated entities like Coinbase, OpenSea would pay to determine whether there are any claims against an NFT by a rightsholder. But, if OpenSea isn't implementing a proper DMCA process right now, they're probably an unlikely partner and there's not really a deep moat around that idea anyway.
- munk-a 5y agoI think that most URLs would fall under fair use - generally linked content is being explicitly commented on in the linking content. I'm curious if this has ever gone to court though and I imagine it has.
- politician 5y agoWell, I guess the most I can say is that using URLs is a legal gray area. Some reading material [0] [1] [2] [3]. Thanks for the discussion. [0] https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlink... [1] https://www.thompsoncoburn.com/insights/blogs/internet-law-twists-turns/post/2013-08-09/hyperlinks-are-lawful---unless-you-use-them-unlawfully https://www.thompsoncoburn.com/insights/blogs/internet-law-t... [2] https://btlj.org/data/articles2015/vol16/16_3/16-berkeley-tech-l-j-1273-1344.pdf https://btlj.org/data/articles2015/vol16/16_3/16-berkeley-te... [3] https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-02/cp140020en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/201...
- munk-a 5y agoThank you as well! It's interesting reading material. I'd also mention that I find the current level to which trademarks and creative works gain protection to be excessive - so I don't really morally agree with how everything works today - but I do think that these parallels likely would cross over to the NFT domain in a pretty predictable way with laws as they currently are.