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February 10th, 2023
Now That Birkin NFTs Are Illegal, What Happens to the Ones Collectors Bought?
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Now That Birkin NFTs Are Illegal, What Happens to the Ones Collectors Bought?” published by Observer. The article discusses the landmark case between Hermès and MetaBirkin creator, Mason Rothschild and the challenges associated with destroying the NFT collection. Jeremy is quoted saying, “Taking the MetaBirkins off the market will be nearly impossible. It’s a real unanswered question with blockchain: what happens in the event of infringement?”
Jeremy notes that in typical infringement cases regarding physical goods, a positive ruling would allow a company to impound and destroy the assets. He says, “It’s very difficult to get rid of the tokens or de-link the artwork.” While Hermès can prevent major NFT marketplaces from selling the MetaBirkins, there is not much they can do to prevent the collection’s sale outside of that. Jeremy adds, “It’s not so different than what happens in the real world If a manufacturer creates counterfeit goods, there’s not much control once they’ve left. It’s very hard to put that genie back in the bottle.”
Jeremy also notes that the value of MetaBirkins may see a bump in demand because of their new status as contraband. He identifies customer recourse as another issue made complicated by the digital nature of the case. He says, “Owners of physical assets typically have recourse against those who sell them counterfeit goods, such as fake luxury bags. It’s still unclear whether MetaBirkin holders can extract compensation from Rothschild.”
Read the full article here.
Other Quoted
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
Democrat LaMonica McIver Charged: What Punishment Could She Face?
Jeremy Bates is quoted in a Newsweek article on New Jersey U.S. representative LaMonica McIver’s arrest by the Trump administration. She’s accused of allegedly assaulting, resisting, and impeding law enforcement officers in a protest against the arrest of Newark Mayor Ras Baraka. Amidst the chaos, Ms. McIver appears to have elbowed an officer. Mr. Bates told Newsweek,“‘Ethical prosecutors refrain from bringing charges that are not supported by probable cause. Here, the Mayor of Newark was charged with trespassing. Days later, DOJ dropped that charge. These facts do not inspire confidence.’” Mr. Bates also stated, “‘Before charging anyone with a federal crime, a DOJ lawyer should ask, would this prosecution be in the interest of my true client, the American people? Or is it an act of presidential malice?’” View Article
May 20 2025
