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February 27th, 2023
Dapper Labs Ruling Could Spell Trouble for Other Centralized NFT Projects, Experts Say
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Dapper Labs Ruling Could Spell Trouble for Other Centralized NFT Projects, Experts Say” published by CoinDesk. The article discusses the recent ruling that denied NFT company, Dapper Labs’ motion to dismiss their class-action lawsuit. The plaintiff claims that Dapper Labs’ NBA-branded Top Shot Moments NFTs are securities and should therefore have been registered with the U.S. Securities and Exchange Commission (SEC) before being sold. Jeremy is quoted saying, “Folks minting NFTs on public blockchains and using open marketplaces can breathe a little easier. The vast majority of NFT projects don’t share those key facts that troubled the court.”
Jeremey notes that Dapper Labs’ strategy in creating a “walled garden” within its platform heavily contributed to the ruling and provided future guidance on how to create NFT platforms and products. He says, “As with most blockchain ventures, the more centralized the NFT offering, the greater the risk that the offering will be deemed a security. My hope is that the Dapper Labs decision helps educate courts, lawmakers and regulators on the fundamental distinction between private and public blockchains; between centralized platforms and decentralized protocols.
In conclusion Jeremey says, the ruling is a significant step in providing regulatory clarity for all NFT projects spanning the space, whether public or private. He adds, “Right or wrong, the decision provides some of the best legal guidance I’ve seen – basically a road map – on how to structure NFT projects in a way that minimizes securities risks.”
Read the full article here.
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