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Fame Douglas
Nov 20, 2013

by Fluffdaddy

kw0134 posted:

would be a civil case. you can talk about criminal fraud but you're creating a contract between buyer/seller based on certain statements. yes, in reality they'll be gone, but it's not like if you drag them into court they'll go "well we're not regulated". lots of common law precedent at least in the US for a cause of action.

If some site is just selling NFTs without promising anything more, that doesn't imply ownership of the work of art to me but ownership of the NFT.

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kw0134
Apr 19, 2003

I buy feet pics🍆

sure, if it's just "NFTs r us" and that's all it says. but if they make further statements like "you own this or we'll track ownership on the blockchain" then you're now in legally fraught territory. like we can fiddle with the fact pattern until it says one thing or another; the point would be that nfts convey jack and poo poo and if you do say or imply more then that's edging into fraud territory.

Chalks
Sep 30, 2009

Boxturret posted:

from the grey thread

legal disclaimer: what even is law anyway?

Chris Knight
Jun 5, 2002

me @ ur posts


Fun Shoe
https://twitter.com/mshannahmurphy/status/1440004663525314563



quote:

Coinbase has dropped its plans to launch a new digital asset lending product, bowing to pressure from US securities regulators who had warned that it constituted an unregistered security that would have prompted them to take legal action.

The largest US cryptocurrency exchange said in a statement late on Friday that it had made a “difficult decision” to shelve its plans to offer the Lend product “as we continue our work to seek regulatory clarity for the crypto industry as a whole”.

It is an embarrassing climbdown for Coinbase, whose chief executive Brian Armstrong had hit out publicly at the Securities and Exchange Commission earlier this month, arguing that its product did not constitute a security. He also accused the regulator of lacking transparency and of “sketchy behaviour” in pursuing the company.

Coinbase first announced Lend in June. It would have initially offered a 4 per cent annual yield for holders of its stablecoin, the USD Coin. It opened a wait-list, which it said had attracted “hundreds of thousands” of sign-ups.

But the SEC then warned that it would sue the platform if the product was launched, and issued subpoenas to Coinbase seeking more information.

The SEC’s move highlighted a legal debate at the heart of its regulatory approach towards cryptocurrency platforms, centred on what constitutes a security.

Under what is known as the Howey test, the US Supreme Court has ruled that an investment contract exists when “a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party”.

Crypto platforms providing interest on digital assets have become increasingly popular recently because of the high yield they offer. Coinbase’s about-turn will be a blow to other platforms in the burgeoning industry — among whom Armstrong was held up as a hero — as state regulators also circle the space.

New Jersey’s attorney-general’s office on Friday ordered digital asset lending platform Celsius to stop issuing its interest-bearing products, while Texas state regulators are seeking a hearing on whether to do the same. Agencies in five states — Alabama, Kentucky, New Jersey, Texas and Vermont — are also pursuing similar actions against BlockFi, another cryptocurrency lending platform.

Gary Gensler, SEC chair, in a testimony to the Senate banking committee last week said he believed that “very many” cryptocurrencies were securities, signalling the regulatory crackdown could continue.

He came under fire from Pat Toomey, the Republican senator from Pennsylvania, who criticised Gensler for “regulat[ing] by enforcement” rather than issuing public guidance on which cryptocurrencies qualify as securities. The SEC chair said there was “a fair amount of clarity”.

Gensler has indicated serious concerns over consumer protection in “Wild West” cryptocurrency markets, which he has said are “rife with fraud, scams and abuse”. He has also urged Congress to give regulators more power to oversee crypto exchanges and invited platforms to register with the SEC.

The SEC did not immediately respond to requests for comment on Coinbase’s decision to abandon Lend.

Coinbase said: “We will not stop looking for ways to bring innovative, trusted programmes and products to our customers.”

gschmidl
Sep 3, 2011

watch with knife hands

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin

"subject to various assumptions"

number always go up!

gschmidl
Sep 3, 2011

watch with knife hands

KnifeWrench posted:

"subject to various assumptions"

number always go up!

And even if not,

Eeyo
Aug 29, 2004

Boxturret posted:

from the grey thread

“Debt” “Financing”?
no, Automated Contracts!

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin

gschmidl posted:

And even if not,



lmao not only are they making their system hinge on the honor system, they're doing it in the crypto community

Paladinus
Jan 11, 2014

heyHEYYYY!!!
And even if there is a legal remedy, we don't know what this means, so we're still not paying you back, okay?

njsykora
Jan 23, 2012

Robots confuse squirrels.


it’s ok they have a nice government contract now
https://twitter.com/bigblackjacobin/status/1440021430758952966?s=21

Chris Knight
Jun 5, 2002

me @ ur posts


Fun Shoe
https://twitter.com/protosmedia/status/1440016587805835270

Boxturret
Oct 3, 2013

Don't ask me about Sonic the Hedgehog diaper fetish

wow what a shock:geno:

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin
if you can't trust the centralized trading platforms for your decentralized trustless currency, who can you trust?

EorayMel
May 30, 2015

WE GET IT. YOU LOVE GUN JESUS. Toujours des fusils Bullpup Français.

KnifeWrench posted:

if you can't trust the centralized trading platforms for your decentralized trustless currency, who can you trust?

Me :)

DerekSmartymans
Feb 14, 2005

The
Copacetic
Ascetic

SubG posted:

fake estate

:trumppop:

drk
Jan 16, 2005


the impotent rage of a coiner

qirex
Feb 15, 2001

running for office as a hopeless niche candidate can be a long running grift

FAUXTON
Jun 2, 2005

spero che tu stia bene

Please tell me he's running for senate in a big money machine state like NY or TX

SubG
Aug 19, 2004

It's a hard world for little things.

Paladinus posted:

And even if there is a legal remedy, we don't know what this means, so we're still not paying you back, okay?
you get the nft of a legal remedy

Paladinus
Jan 11, 2014

heyHEYYYY!!!
Lawyer pill, available now on Silk Road 3.0.

drk
Jan 16, 2005
i love that they are attempting to speedrun political history along with financial history

95% chance this guy launches PAC coin or something and grifts it all away, as one does

Zamujasa
Oct 27, 2010



Bread Liar

drk posted:



the impotent rage of a coiner

username/tweet combo

SubG
Aug 19, 2004

It's a hard world for little things.
"please elect me so i don't get arrested" is a hell of a pitch for a senate seat

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin
I like the part where he implied it would have been fine if they'd just bought tickets

gschmidl
Sep 3, 2011

watch with knife hands

drk posted:



the impotent rage of a coiner

Despite being a nut, I'm still just a coin in a butt.

Chalks
Sep 30, 2009

drk posted:



the impotent rage of a coiner

vote for me and i vow that the SEC will have to buy a ticket next time they serve a subpoena at my event

Hammerite
Mar 9, 2007

And you don't remember what I said here, either, but it was pompous and stupid.
Jade Ear Joe

KnifeWrench posted:

"subject to various assumptions"

number always go up!

"Iron Bank"

"probably... eventually... most of the time or in most cases"

AnimeIsTrash
Jun 30, 2018

AnimeIsTrash
Jun 30, 2018


Using blockchain to determine the cruelest way to punish migrants.

Hammerite
Mar 9, 2007

And you don't remember what I said here, either, but it was pompous and stupid.
Jade Ear Joe
the police came to arrest me for crimes, and put me on trial, and they didn't even pay my appearance fee... government overreach is out of control

Khorne
May 1, 2002

qirex posted:

running for office as a hopeless niche candidate can be a long running grift
FEEL THE BERN

FAUXTON
Jun 2, 2005

spero che tu stia bene

Hammerite posted:

the police came to arrest me for crimes, and put me on trial, and they didn't even pay my appearance fee... government overreach is out of control

But they pay the jury to be there, it's not faaaaiirrrrr

EorayMel
May 30, 2015

WE GET IT. YOU LOVE GUN JESUS. Toujours des fusils Bullpup Français.
hey baby you is a fine lookin bitcoin all sittin there with your wallets and them giant birdbaths

what say you bring your sweet scaly blockchain to my place round midnight

drink a little soylent, eat a little dried strawberries

I will spill liquid nitrogen with playa precision, baby, as I know you is a cold blooded bitch and lack the ability to thermoregulate

that said bitch I will get you hashed

bitch I will mine your satoshi while its still inside you

DerekSmartymans
Feb 14, 2005

The
Copacetic
Ascetic

EorayMel posted:

hey baby you is a fine lookin bitcoin all sittin there with your wallets and them giant birdbaths

what say you bring your sweet scaly blockchain to my place round midnight

drink a little soylent, eat a little dried strawberries

I will spill liquid nitrogen with playa precision, baby, as I know you is a cold blooded bitch and lack the ability to thermoregulate

that said bitch I will get you hashed

bitch I will mine your satoshi while its still inside you

Next Goon Project: Getting James Earl Jones to record this

Paladinus
Jan 11, 2014

heyHEYYYY!!!
😌earn free crypto by looking like an EGG😌

drk
Jan 16, 2005
checking in on our soon to be senator friend:

https://twitter.com/twobitidiot/status/1440427595091247107

infernal machines
Oct 11, 2012

we monitor many frequencies. we listen always. came a voice, out of the babel of tongues, speaking to us. it played us a mighty dub.
his twitter handle isn't ironic

Armitag3
Mar 15, 2020

Forget it Jake, it's cybertown.


infernal machines posted:

his twitter handle isn't ironic

It is because there's no way he's just 4 kinds of idiot, it has to be at least 1024

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Paladinus
Jan 11, 2014

heyHEYYYY!!!
I'm going down with an NFT of the ship.

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