Attorney Struggles to Dismiss Lawsuit Against NFT Artist
An attorney representing NFT artist Ryder Ripps and his co-founder, Jeremy Cahen, faced challenges in convincing a panel of judges to dismiss a lawsuit filed by Bored Ape Yacht Club (BAYC) against his clients. The lawyer argued that the case should be dismissed on the grounds of free speech, claiming that the knock-off Bored Ape NFTs were sold as a protest against alleged hidden anti-Semitic imagery in the original collection.
Argument for Free Speech and Artistic Expression
Ripps and Cahen’s lawyer emphasized that the sale of the NFTs was avant-garde artistic expression that pushed the boundaries of free speech. He contended that the lawsuit should be dismissed under California’s anti-SLAPP statute, which aims to prevent intimidating lawsuits. The attorney explained that this statute goes beyond First Amendment protections to ensure people can freely express themselves without fear of threats or deterrence.
Judges’ Skepticism and Focus on Secondary Sale
The panel of judges appeared skeptical of the argument, focusing instead on the secondary sale of the copycat NFTs rather than additional criticisms from Ripps and Cahen. Circuit Judge Morgan Christen expressed doubt and indicated a need for a clearer principle to determine whether the legal action is permissible.
Artist Accuses Bored Ape NFTs of Controversial Imagery
In January 2022, Ripps accused BAYC NFT artwork of containing racist caricatures and Nazi references. In response, he launched an NFT project called RR/BAYC as a form of conceptual art protest. In June 2022, Yuga Labs initiated legal proceedings against Ripps and Cahen for trademark infringement and other charges related to the release of the RR/BAYC collection.
Legal Battle Continues
The United States District Court for the Central District of California ruled that Ripps and Cahen had infringed Yuga Lab’s trademarks with their NFT collection. Yuga Labs is entitled to an injunction and damages, which will be determined at trial. However, the conclusion of the case and potential damages fee are yet to be announced by Judge John Walter.
Hot Take: Complexities of Free Speech and NFTs
The legal battle between Bored Ape Yacht Club and Ryder Ripps highlights the complexities at the intersection of free speech, artistic expression, and NFTs. The arguments presented by Ripps and Cahen’s attorney centered around pushing the boundaries of free speech through avant-garde artistic expression. However, the judges appeared skeptical and focused on the secondary sale of copycat NFTs. The outcome of this case will have implications for future legal disputes involving NFTs and their connection to free speech rights.
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