Newsletter #171: Suing the SEC

This week’s featured collector is Pixedl

Pixedl is a Texas native who creates abstract images, derived from photographs and drawings. Check out their artwork at lazy.com/pixedl


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The results of last week’s poll: Following the KnownOrigin shutdown, what should be the NFT community’s top priority to ensure digital art permanence?

The NFT community’s top priorities for ensuring digital art permanence following the KnownOrigin shutdown, according to last week’s poll, is clear. There is a strong preference for developing robust on-chain storage, with 67% of respondents selecting this option. There was an equal split of 17% each for educating buyers about storage risks and implementing industry standards. Notably, improving off-chain storage systems and “something else” received no votes. These findings suggest that the NFT community is primarily focused on blockchain-based solutions to address concerns about the longevity and preservation of digital artworks, while also recognizing the importance of education and standardization in the industry. The lack of support for off-chain storage improvements reflects a desire to leverage blockchain technology’s inherent features for securing and maintaining NFTs.


NFTs vs SEC: What the New Pro-NFT Lawsuit Means for Digital Art Collectors

Illustration: Darren Joseph for DLNews

The NFT community is facing a pivotal moment as artists Brian Frye and Jonathan Mann take on the SEC in a groundbreaking lawsuit. This legal challenge seeks to clarify whether NFTs fall under SEC jurisdiction, a question that has loomed large since the agency’s enforcement actions against Impact Theory and Stoner Cats in 2023. For NFT collectors, this case could have far-reaching implications on the future of NFT ownership and trading.

At the heart of the matter is the SEC’s assertion that certain NFT projects constitute unregistered securities offerings. This stance has sent shockwaves through the NFT ecosystem. The plaintiffs argue that the SEC’s approach threatens artistic expression and innovation in the digital space, drawing parallels between NFT art and traditional mediums. They provocatively ask whether Taylor Swift’s music or merchandise could be considered securities under similar logic.

The lawsuit highlights a growing tension between regulatory bodies and the rapidly evolving world of blockchain-based art. The outcome could influence how NFTs are created, sold, and traded, potentially impacting the value and liquidity of existing collections.

Interestingly, this legal challenge comes at a time when major players in the NFT space are already feeling the regulatory heat. DraftKings’ recent decision to shutter its NFT business citing “recent legal developments” and Dapper Labs’ settlement of a securities lawsuit related to NBA Top Shot Moments illustrate the broader impact of regulatory uncertainty.

While the outcome remains uncertain, it’s clear that the intersection of art, technology, and regulation is becoming increasingly complex. This case may serve as a catalyst for clearer guidelines in the NFT space, potentially leading to a more stable and mature market for digital art.

Learn more at TheBlock and Coindesk.


This week’s poll: What do you think will be the primary outcome of the artists’ lawsuit against the SEC regarding NFT regulation?


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