Newsletter #180: The Role of NFTs

Newsletter #180: The Role of NFTs

This week’s featured collector is Aguirre_Horn

There is something wonderful about a tightly focused NFT collection. And that’s why we love Aguirre_Horn’s NFT collection of Argentine coins. Very cool! Check it out at lazy.com/aguirre_horn


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The results of last week’s poll: How many NFTs do you own?

Last week’s poll shows that NFT ownership varies widely among Lazy.com collectors. About 17% of people own between 1 to 5 NFTs, and another 17% own none at all. A larger group, 25%, holds between 16 to 50 NFTs, while 42% of respondents own over 50 NFTs. This data suggests that the NFT market may be polarized, with a small group of heavy collectors dominating ownership.


How NFT Art is Being Talked About in the Mainstream Art Market

NFTs have shaken up the art world in a big way, but their place in the mainstream art market is still unclear. While some believe NFTs are the future, giving digital artists more power and access, others think NFTs are just a passing trend. A recent study takes a deep look into how major art institutions view NFT art and what that means for the digital art world. Here’s what you need to know.

figure 1

NFTs in the Art Market

As you know, NFTs, or non-fungible tokens, are digital assets stored on the blockchain that represent unique items, often digital art. In 2021, NFTs exploded in popularity, with massive sales like Beeple’s artwork selling for $69 million. Although this hype led to a boom in interest and investment, the market cooled down significantly by mid-2022. Despite this drop, NFTs are now being discussed more in mainstream art circles than ever before.

A recent study analyzed three major art market reports from 2023 to understand how NFTs are being framed by powerful art institutions. The results showed that NFTs are becoming a big part of mainstream art conversations, but their role is still emerging, especially when it comes to high-end art collectors. Essentially, NFTs are recognized, but they’re not yet on the same level as traditional art forms like Old Masters or Impressionist works.

figure 2

How Are NFTs Viewed?

The study found that when NFTs are talked about in these major reports, the focus is mostly on their sales, platforms, and their role as collectable digital assets. This means that, while NFTs are being taken seriously as a form of art, the conversation is often centered around their financial potential rather than their cultural or artistic value.

Interestingly, NFTs are talked about more frequently than other forms of digital art, suggesting that they have become the most prominent part of the digital art space. However, NFTs still face challenges when it comes to being accepted as “fine art” by top-tier collectors and institutions.

Challenges and Opportunities

The study also highlighted some of the tensions in the NFT space. On one hand, NFTs can give new artists a platform to share and sell their work without needing galleries or traditional middlemen. On the other hand, the market is still concentrated in the hands of a few powerful players, and there are ongoing concerns about the environmental impact of blockchain technology used to create NFTs.

The reports also noted a generally positive tone towards NFTs but with caution. Art institutions are curious about the future of NFTs, but there are worries about issues like fraud, money laundering, and how sustainable the technology really is.

The Future of NFT Art

NFT art has made significant strides in being accepted by the mainstream art market, but its position is still evolving. While traditional art forms are still dominant, NFTs are being increasingly validated by art institutions and collectors alike. This means that for artists, collectors, and investors, NFTs represent both a promising opportunity and a risk.

For NFT collectors, this study is a reminder of the potential NFTs have to change the art world. While the road ahead may be uncertain, the fact that NFTs are now a consistent topic in mainstream art reports shows that they’re more than just a passing fad—they’re becoming an important part of the future of art.

Read the full study at Nature.com.


This week’s poll: Of the NFTs that you own, how many did you originally mint?


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Newsletter #179: Deep Read

Newsletter #179: Deep Read

This week’s featured collector is Portalsrus

Portalsrus has a large collection of Solana NFTs. Take a look at lazy.com/portalsrus


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The results of last week’s poll: What’s your stance on the $6M NFT Creator Legal Defense Fund?

Last week’s poll shows strong support from NFT collectors for the $6M NFT Creator Legal Defense Fund, with 67% fully backing the initiative. This reflects widespread recognition of the legal risks NFT creators face, such as intellectual property disputes and regulatory uncertainties. Collectors likely see this fund as a crucial step in protecting creators and fostering long-term growth in the NFT space. The overwhelming support signals a collective understanding of the importance of legal infrastructure to safeguard innovation.

However, there are signs of caution, with 8% “cautiously optimistic” and 8% concerned the fund might backfire. These groups may worry about how the fund will be implemented or fear unintended consequences, such as attracting legal scrutiny. Another 17% remain neutral, potentially reflecting uncertainty about the fund’s impact on collectors. Notably, no respondents oppose the initiative, suggesting broad recognition that legal protections are necessary as the NFT ecosystem evolves.


(E)thesis: settlement, data availability, execution

A recently published long essay by Mike Neuder may interest NFT collectors because it addresses the foundational principles of Ethereum, the very platform that underpins much of the NFT ecosystem. As NFTs are digital assets that require secure, decentralized ownership and transfer, the essay’s deep dive into Ethereum’s role as a property rights system is highly relevant. It explains how Ethereum’s focus on decentralization ensures that NFTs can be truly owned and controlled by their holders without fear of censorship or seizure. For collectors who are invested in the future of NFTs, understanding Ethereum’s commitment to decentralization and the unique protections it offers enhances their insight into the long-term security and value of their digital assets. Additionally, the discussion around rollups and Layer 2 solutions presents valuable information on how Ethereum plans to scale, ensuring that NFTs can continue to thrive without compromising security or ownership rights.

Beyond NFTs, the essay delves deeply into Ethereum’s core mission: establishing secure, decentralized property rights in the digital realm. It argues that Ethereum’s decentralized architecture allows it to offer self-custodied, permissionless assets whose value can be transmitted globally without the risk of seizure or censorship. The essay highlights that Ethereum’s pursuit of decentralization is not a luxury reserved for extreme geopolitical scenarios but a fundamental necessity today. By maintaining decentralization, Ethereum protects against more subtle threats, such as state coercion or corporate influence, which could erode the system’s credibility and diminish its value as a true property rights network.

Readers will find value in this essay by gaining a nuanced understanding of why decentralization is the linchpin for Ethereum’s long-term success. It explains how blockchains, unlike traditional financial systems, are valuable precisely because they ensure strong, inalienable property rights. Centralization, the essay warns, allows powerful entities to manipulate blockchain outcomes, undermining their fundamental value. Ethereum’s decentralization ensures that it remains neutral, censorship-resistant, and immune to the economic control often imposed on centralized systems—qualities that will become more important as global financial systems face increasing regulation and surveillance.

One of the essay’s key insights is Ethereum’s unique ability to sustain its decentralization across various parts of the ecosystem, from its token distribution to its Proof-of-Work origins and the diversification of clients and Layer 2 solutions. This broad decentralization strengthens Ethereum’s claim to being the most credible platform for digital property rights. Additionally, the essay touches on how Ethereum’s open development culture—spread across individuals and teams worldwide—creates a robust human capital base that is difficult to replicate. This global collaboration is a critical asset, enhancing Ethereum’s resilience and fostering ongoing innovation.

In its final analysis, the essay reinforces Ethereum’s role as a digital property rights platform, making it uniquely valuable in a world where centralized systems are increasingly vulnerable to coercion. It positions Ethereum as the go-to choice for permissionless value storage and transfer, while other platforms like Solana may offer speed and convenience but at the cost of centralization and potential regulatory control. By providing the most robust property rights system, Ethereum offers a vision of the future where economic sovereignty is preserved for all participants in the global digital economy.

Read the full essay on Mike Neuder’s blog.


This week’s poll: How many NFTs do you own?


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Newsletter #178: NFT Defense Fund

Newsletter #178: NFT Defense Fund

This week’s featured collector is bur0x_art

Bur0x_art collects Ethereum NFTs and they clearly love CryptoKitties. Browse their collection at lazy.com/bur0x_art


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The results of last week’s poll: What is your opinion on the UK’s proposed bill to recognize digital assets as personal property?

The poll results on the UK’s proposed bill to recognize digital assets as personal property offer intriguing insights for NFT collectors. With 72% of respondents either fully supporting or cautiously optimistic about the bill, there’s a clear positive sentiment towards legal recognition of digital assets. This suggests that most collectors see potential benefits such as enhanced legitimacy and clearer ownership rights. However, the dominance of cautious optimism (45%) over full support (27%) indicates an awareness of potential complexities or challenges in implementation.

Interestingly, only 18% oppose the bill outright, while 9% remain neutral, showing that the vast majority of collectors have formed an opinion on this issue and see it as significantly impactful for the NFT space. The lack of preference for alternative approaches (0%) further suggests that even if not perfect, the proposed bill is viewed as a step in the right direction. For NFT collectors, this legal recognition could bring both opportunities and challenges, potentially reshaping how digital assets are valued, traded, and integrated into broader financial systems.


NFT Creators’ $6M Legal Shield: Crypto’s Stand Against SEC

The launch of a $6 million legal defense fund by Stand With Crypto marks a significant development in the ongoing regulatory battle surrounding NFTs. This initiative aims to protect NFT creators from potential legal actions by the SEC, highlighting the growing tension between regulatory bodies and the digital asset industry. By providing financial support for legal challenges, the fund seeks to empower creators who might otherwise lack the resources to defend themselves against what the crypto community often perceives as regulatory overreach.

This move reflects a strong show of solidarity within the NFT and broader cryptocurrency ecosystem. The involvement of industry leaders signals a united front in addressing regulatory challenges, potentially encouraging more innovation and creativity in the NFT space by alleviating fears of legal repercussions. It also underscores the industry’s commitment to shaping the regulatory landscape for digital assets, rather than simply reacting to it.

As the regulatory scrutiny of NFTs and other digital assets intensifies, this legal defense fund could play a pivotal role in influencing future legal frameworks. The outcomes of cases supported by this fund may set important precedents for how NFTs are classified and regulated. Moreover, this initiative might inspire similar efforts across the Web3 space, fostering a more robust and coordinated response to regulatory pressures and potentially leading to a more balanced approach to digital asset regulation in the long term.

Learn more about the Creator Legal Defense Fund.


This week’s poll: What’s your stance on the $6M NFT Creator Legal Defense Fund?


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Newsletter #177: UK Hints NFT Friendly

Newsletter #177: UK Hints NFT Friendly

This week’s featured collector is MomentumNFT

MomentumNFT is an AI+NFT artist whose Lazy collection highlights their most dynamic art. Browse their collection at lazy.com/momentumnft


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The results of last week’s poll: In your opinion, how should the SEC approach NFT regulation?

In last week’s poll on how the SEC should approach NFT regulation, 33% of respondents believe the agency should provide clear public guidance, emphasizing the need for transparency and straightforward communication regarding NFT policies. Meanwhile, 25% of participants think that the SEC should consider each NFT individually, recognizing the unique characteristics of each digital asset. An equal 25% feel that the SEC should not regulate NFTs at all, suggesting that the market should remain free from federal oversight. Additionally, 17% recommend that the SEC follow the lead of other countries, aligning its approach with international regulatory practices. Notably, no respondents proposed alternative approaches, highlighting a general preference for clarity or non-regulation in navigating this emerging field.


UK Government’s Groundbreaking Bill to Recognize NFTs as Personal Property

Seen from across the River Thames in 2022

The United Kingdom has introduced a groundbreaking bill to Parliament, proposing the legal recognition of digital assets, including cryptocurrencies, NFTs, and digital carbon credits, as personal property under English and Welsh law. This new category would extend beyond existing property classifications, addressing the current gap and providing greater clarity and protection for digital asset owners.

Justice Minister Heidi Alexander emphasized the importance of adapting to technological advancements, stating that the legislation will help the UK maintain its status as a global leader in crypto assets. The bill aims to offer robust legal protections for digital assets, simplify dispute resolution, and safeguard against fraud and scams, thus encouraging greater confidence in the UK’s digital asset market.

This move comes amid a global trend of increasing regulation of digital assets, with the U.S. Securities and Exchange Commission (SEC) and the European Union introducing measures to regulate cryptocurrencies. The UK’s approach, focusing on legitimizing digital assets as personal property, positions it uniquely within this evolving regulatory landscape, potentially enhancing its appeal as a hub for digital finance and innovation.

While the bill is still in the early stages of parliamentary debate, its progression is expected to attract significant attention due to its potential impact on digital asset ownership and regulation in the UK.

As the bill advances, it could set a precedent for other jurisdictions by embracing new technologies and providing legal certainty. By recognizing digital assets as personal property, the UK is taking a proactive step toward establishing a more secure and globally competitive digital economy, reinforcing its position as a leader in the rapidly evolving world of digital assets.

Learn more about the implications of the UK’s move at TechCrunch and Decrypt.


This week’s poll: What is your opinion on the UK’s proposed bill to recognize digital assets as personal property?


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Newsletter #176: Pushing Back

Newsletter #176: Pushing Back

This week’s featured collector is Muharioc

Muharioc is an NFT artist whose Lazy collection features some of their most engaging art. Browse their collection at lazy.com/muharioc


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The results of last week’s poll: How do you feel about the SEC’s recent regulatory actions against OpenSea and its potential impact on the NFT industry?

We are not surprised that last week’s poll reveals significant opposition within the NFT community to the SEC’s recent regulatory actions against OpenSea. A clear majority of 67% of respondents are opposed to these actions, indicating widespread disapproval. Another 25% express concern, suggesting that even those not outright opposed still have reservations. Only a small minority of 8% are supportive of the SEC’s moves. Notably, there are no neutral or undecided responses, implying that this is a polarizing issue where most people have taken a definitive stance.

These results suggest considerable apprehension within the NFT community about increased regulatory scrutiny and potential constraints on the industry’s growth and innovation. The strong negative sentiment could lead to pushback against regulatory efforts, calls for more tailored approaches to NFT regulation, or attempts to work with regulators to develop more acceptable frameworks. It may also prompt some NFT platforms and creators to reassess their operations in the United States. Overall, these poll results indicate that navigating the regulatory landscape will likely continue to be a significant challenge and point of contention for the NFT industry going forward.


Why the SEC is Wrong About NFTs

Onchain Summer commemorative NFT (Coinbase)

Edward Lee, a legal scholar, presents a compelling argument in his recent op-ed about the Securities and Exchange Commission’s (SEC) approach to regulating NFTs. His perspective offers valuable insights into the broader issues of regulatory overreach and its potential impact on innovation and constitutional rights.

Lee frames his argument within the context of the expanding federal regulatory landscape, as documented by Justice Neil Gorsuch and Janie Nitze in their book “Over Ruled.” He draws a parallel between the general problem of regulatory proliferation and the SEC’s specific actions regarding NFTs. According to Lee, the SEC’s enforcement actions against NFT projects and marketplaces, without providing clear public guidance, have created an atmosphere of uncertainty that threatens to stifle creativity and innovation in the digital art world. More critically, Lee argues that this approach may be unconstitutional, potentially violating artists’ First Amendment rights by imposing what amounts to a prior restraint on speech.

The crux of Lee’s proposed solution lies in returning to the original public meaning of the Securities Act of 1933, particularly regarding the interpretation of “investment contract.” He contends that by adhering to a definition that requires a contractual right to profits, the SEC could more clearly distinguish between genuine investment contracts and other investments like artworks or collectibles. This nuanced approach, Lee suggests, would provide much-needed clarity for artists and businesses in the NFT space while maintaining the intended scope of securities regulation. Lee’s argument is particularly noteworthy as it offers a thoughtful balance between regulatory concerns and the protection of artistic expression and innovation in the digital age.

Go deeper into why the SEC’s position on NFTs is wrong by reading Edward Lee’s full op-ed at CoinDesk.


This week’s poll: In your opinion, how should the SEC approach NFT regulation?


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Newsletter #175: Turbulent Seas

Newsletter #175: Turbulent Seas

This week’s featured collector is UnskilledFather

UnskilledFather has a wild collection of Ethereum and Solana NFTs. Lots to see. Browse their collection at lazy.com/unskilledfather


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The results of last week’s poll: How has your interest in NFTs changed in the past year?

Last week’s poll reveals a significant shift in NFT collector sentiment over the past year, pointing to a cooling trend. A striking 60% of collectors report decreased interest, with 40% indicating a significant decline. Only 20% maintained their previous level of engagement, while another 20% experienced increased interest. These figures paint a picture of a market in transition.

This downturn in interest could be attributed to several factors. The initial hype and speculative fever surrounding NFTs may be waning as the market matures and collectors become more discerning. Additionally, broader economic uncertainties and fluctuations in the crypto market likely play a role in dampening enthusiasm. However, it’s worth noting that a core group of collectors remains committed, and there’s still a small contingent of newcomers or enthusiasts whose interest is growing. For those deeply involved in the NFT space, these results suggest a need to focus on long-term value proposition and utility of NFTs, potentially ushering in a new phase of innovation and sustainable growth in the digital collectibles market.


Turbulent Seas: SEC Targets OpenSea

Image: James Marshall / The Verge

The SEC’s recent issuance of a Wells notice to OpenSea marks a significant escalation in the regulatory scrutiny of the NFT space. This action, part of a broader crackdown on crypto-related companies, alleges that some NFTs traded on OpenSea’s platform may be classified as securities, potentially violating existing laws. OpenSea’s CEO, Devin Finzer, has expressed shock at what he views as regulatory overreach, arguing that it could stifle innovation and creativity in the NFT ecosystem. The company has pledged $5 million to support legal defenses for NFT creators and developers who might face similar challenges, highlighting the potential far-reaching implications of this regulatory approach.

The Wells notice comes at a time when OpenSea is facing significant headwinds, including scrutiny from the FTC, increased competition from new platforms like Blur, and a drastic drop in NFT sales.

This development underscores the ongoing regulatory uncertainty in the crypto and NFT sectors, where the lack of clear guidelines has left many companies operating in a grey area. If NFTs are indeed classified as securities, it could fundamentally reshape the market, affecting how these digital assets are created, traded, and valued. The SEC’s aggressive stance raises challenging legal and definitional questions, as NFTs often serve purposes beyond investment, such as digital art or collectibles, making a blanket classification problematic.

The crypto and NFT industries are likely to push back against these regulatory efforts, arguing that existing securities laws are ill-suited for these new technologies. This could lead to prolonged legal battles and increased calls for new, tailored regulations. The issue has also taken on political dimensions, with some politicians positioning themselves as pro-crypto and promising to change the regulatory landscape. Moreover, stringent regulations in the U.S. could potentially push crypto and NFT innovation to other countries with more favorable regulatory environments, affecting the U.S.’s position in the global digital economy. As this situation unfolds, it will likely set important precedents for the future of NFTs and the broader digital asset ecosystem, highlighting the need for a regulatory framework that effectively balances investor protection with the promotion of innovation in this rapidly evolving sector.

For more, read an in-depth profile of OpenSea in The Verge and coverage of the SEC Wells notice at CNBC.


This week’s poll: How do you feel about the SEC’s recent regulatory actions against OpenSea and its potential impact on the NFT industry?


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