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Non-fungible token (NFT) – legal aspects and application in the art trade

What is NTF?

NFT is a blockchain technology gradually entering our lives, more increasingly related to contemporary state-of-the-art artwork that can be purchased at international art auctions. Non-fungible token (NFT) is a key part of the blockchain economy. This is a type of cryptographic token that is stored on a blockchain architecture. It is a unique, digital certificate that provides certain ownership rights in an asset and it is not possible to copy it. Each of the tokens is individual, of different value and has no equivalent for itself. The most common standard for creating and issuing tokens is ERC-20, but there are other standards in operation (e.g., ERC-223, ERC-721, ERC-777, and ERC-1155). Each successive standard is created with increased security and speed in mind. NFTs can be used to represent items such as photos, videos, audio, and other types of digital files.

Blockchain is a decentralized database used to store and transmit information about transactions made on the Internet. One of the features of NFTs is that it can only be bought, sold and traded as individual assets and this is one of their differentiators in the market.

The Cryptocurrency market is growing at an accelerated rate and NFT trading is definitely following it. NFTs differ from cryptocurrencies such as Bitcoin, Ethereum or DDKoin in that they are both not interchangeable and not identical. In addition, owning a given token does not entitle us to the rights reflected by the token. NFTs can’t be divided into parts as the elementary unit here is the token itself, whereas fungible tokens can be because all the units have the same value. It does not matter which unit you get.

How to mint NFT?

Creating and saving NFT for the first time on a block chain involves minting. This is how the digital art becomes a part of Ethereum blockchain. Thanks to this process artists can purchase, trade and track in the market the art works.  Minters may be the creator of the work associated with the NFT, such as the artist. It can also be someone who has the appropriate rights to mint NFT digital assets. NFT contains unique identifier (called also ‘TokenID’), the blockchain wallet address of current owner and an identifier of where the digital work may be found. Transactions are fully transparent, so anyone can view an NFT and its underlying information, including the blockchain address of the current owner and the blockchain address of any previous owner. In addition, since transactions on a blockchain are publicly viewable, buyers can see the address from which the NFT was first minted.

NFT and cats?

Early forms of NFTs have been around since the mid-2010s. The NFT technology gained popularity in 2017 with the virtual cat-trading game called CryptoKitties. Namely, this is a game on Ethereum developed by Canadian studio Dapper Labs  which allows players to adopt and trade virtual cats. Each cat is one-of-a-kind and 100% owned by the owner and it cannot be replicated, taken away, or destroyed. Then NFT gained momentum. Many people have used the game as a way to earn big amounts of money quick. According to the TechCrunch website research from 2017, about $1.3M has been transacted, with multiple kittens selling for ~50 ETH (around $23,000) and the “genesis” kitten being sold for a record ~246 ETH (around $113,000).

The first 5000 days

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Christie’s “encrypted” – Christie’s auction house enabling payments in cryptocurrency Ethereum

British auction house Christie’s is where spectacular auctions take place. Transactions that are carried out there are mentioned all over the world. Many Christie’s auctions attract interest due to the fact that they may be controversial, such as sale of an image created by artificial intelligence or the work entitled “Femme assise près d’une fenêtre (Marie-Thérèse)” by Pablo Picasso. Recently Christie’s announced that another innovative auction is planned.

Namely its October “Post-War to Present” auction will include the sale of 31 non-fungible tokens that are considered to be some of the oldest on the Ethereum blockchain. A non-fungible token (NFT) is a unit of data stored on a digital ledger, called a blockchain, that certifies a digital asset to be unique and therefore not interchangeable. This will be the first ever live auction with bidding conducted entirely in Ether. The NFTs that Christie’s is offering in the fall have distinct legacies of their own. They are also estimated to sell for between 250 and 350 ETH, which shakes out to approximately between $870,000 and $1.3 million. These NFTs are Curio Cards that were made in May 2017, so even earlier than CryptoPunks and CryptoKitties.  

Aside from the Curio Cards NFTs, Christie’s will be auctioning NFTs from the Art Blocks curated collection. Modern artists would have possibility to choose their favourite post-war artworks and pay for them in Ethereum. The tokens are representing real-world objects like art, music, in-game items, videos and other seemingly mundane everyday signifiers. Works by renowned artists such as Helen Frankenthaler, Elaine de Kooning, Joan Mitchell and Grace Hartigan will be part of the auction alongside works by Wayne Thiebaud.

The event definitely created a buzz among art enthusiasts.  NFTs are highly valued digital assets which uses blockchain to record the ownership status of the aforementioned items. After the transaction only the buyer of an NFT has the official of being its owner. However anyone can still view the item.

Recently, several large cryptocurrency-based auctions have brought in huge amounts of money in the art world. The upcoming “Post-War to Present” auction is sure to create a buzz among currency enthusiasts. One thing we can be sure of – a digital revolution is coming, and the world of cryptocurrencies will surprise us more than once.

Sources:

Christie’s Is Now Accepting Ether for Ethereum’s Earliest NFTs | Observer

Christie’s to Hold Auction of Some of the Oldest NFT Art — With Live Bids in ETH | Technology News (ndtv.com)

Christie’s na Twitterze: „Friday, 1 October at 9:30AM EDT, Christie’s New York presents Post-War to Present: The NFTs. This will be the first ever live auction with bidding conducted entirely in Ether. Featuring Curio Cards and Art Blocks Curated. https://t.co/Ydpr1zsr5Z https://t.co/zUaoY0pEXT” / Twitter

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Polish competition law and legal control on the Polish market of concentration of enterprises in Poland, including TECH companies, by way of merger, acquisition of control, acquisition of an organized part of property and creation of a new entrepreneur

Control of concentration of entrepreneurs is a legal term for: merger, acquisition of control, acquisition of an organized part of property and creation of a new entrepreneur. Its task is to prevent excessive consolidation, which, if left uncontrolled, could lead to a significant restriction of competition on the market by acquiring or strengthening a dominant position.

The control of concentration of entrepreneurs, performed mainly by the President of the Polish Office of Competition and Consumer Protection, covers transactions that have or could have had a significant impact on the market in Poland. The task of the President of the Polish Office of Competition and Consumer Protection is, inter alia, issuing consents to carry out a specific concentration in order to prevent any restriction of competition on the market. The President of the Polish Office of Competition and Consumer Protection may also issue a decision prohibiting merger. However, it is worth noting that concentration can be allowed under certain conditions. An example of this is the resale of part of the property. The Polish Act on competition and consumer protection of February 16, 2007 also allows for the approval of a merger leading to a restriction of competition, in certain very strictly defined situations. It refers to such events as a result of which there will be economic development; technical progress or simply they will have a positive impact on the national economy.

In accordance with the above-mentioned Act, there may be cases in which there will be no need to notify the intent of the concentration to the Polish Office of Competition and Consumer Protection, because this action will have little impact on the market. It should also include cases where the turnover of the enterprise which is the object of the takeover on the territory of Poland in none of the two financial years preceding the notification was equal to or greater than the amount of EUR 10 million. If the entities belong to the same capital group, there is also no need to notify the concentration to the Polish Office of Competition and Consumer Protection.

If the concentration has been carried out, without prior consent from the Polish President of the Office of Competition and Consumer Protection, the President may take specific steps aimed at restoring the state of effective competition. This effect can be achieved by ordering the division of the entrepreneur / enterprises or ordering the resale of a part of the shares. The President of the Office may also impose a financial penalty of up to 10% of last year’s revenue of the said enterprise, to entities that took part in an unauthorized concentration.

What is concentration control about?

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Theft in the cryptocurrency environment

We usually associate the cryptocurrency environment with advanced security measures to secure financial resources. There are even companies that offer cryptocurrency holders advanced methods of securing their wealth through military technology. Nevertheless, the problem of theft is not a foreign topic in the cryptocurrency community.

The graph above shows the size of cryptocurrency theft over a period of 3 years. Different colors indicate different cases of cryptocurrency theft, while the black line shows the number of recorded incidents.

Almost all cases of cryptocurrency theft fall into one of the three theft categories. The categories mentioned are: Exchange attacks, attacks on individuals, DeFi exploits.

Exchange attacks

At this point, thieves have stolen billions of dollars worth of cryptocurrency by attacking exchange wallets. Many companies, including such large and respected companies as Bitpoint, Binance, DragonEx, have been the subject of keen interest from hackers. The question arises as to how hackers managed to break through such advanced security. One of the most common methods used by hackers is social engineering. A hacker typically tries to trick employees of a particular cryptocurrency security company’s customers into downloading special malware that will give them access to one or more accounts. If the attacker is sufficiently determined, he will wait for months or even longer, observing patterns of money inflows and outflows so that he can sense the right moment to steal as much money as possible. What does this look like in practice?  In one particularly audacious case, hackers set up a fake company, complete with website, social media presence and executive resumes.  On the fake website, the hackers posted that they had created an automated trading bot and sent out several messages to employees of the companies/exchanges asking them to download and try a free trial version. At least one of the recipients was tempted by the offer. As it later turned out, the “free trial” included malware that helped hackers obtain the keys to private cryptocurrency wallets of several users. Immediately after gaining access to these accounts, the hackers began siphoning funds from these wallets. Hacking activity is a major threat for exchanges.

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Illicit Actors and Organizations in the aspect of cryptocurrency market

Illegal organisations, or other illegal cryptocurrency entities, are groups transacting with cryptocurrency whose activities do not necessarily rise to the level of criminality, but are nevertheless considered risky due to activities balancing on the edge of legality or reputational risk. One example of such entities are implicitly sex-related sites such as RubRatings. The site in question allows massage therapists to publish advertisements encouraging clients to use their sexual services and includes Bitcoin as a payment option. While services offered by the said website are as a rule legal, the RubRatings website implies the availability of sexual services and the site itself is listed as a human trafficking intermediary, therefore the RubRatings organisation, can be categorised as illegal.

Domestic Extremism and Racial Hatred

Another example relates to the organisations and public figures associated with domestic extremism and racial hatred. Many of these organisations accept donations in the form of cryptocurrencies, and it can be expected that more will follow, as with the current interest in cryptocurrencies, organisations will continue to move away from conventional payment. Examples confirming this trend are publications such as the Daily Stormer, as well as the work of public figures such as Nick Fuentes. Extremist rhetoric itself is generally not illegal in most jurisdictions, but many of these groups have been linked to incidents involving outright violence. Examples of such incidents include: The 2017 Unite the Right rally in Charlottesville, Virginia or the 2021 riot in front of the US Capitol. In the latter case, Chainalysis found that several people with alt-right views, including some associated with the rally immediately preceding the riot, had received large donations in bitcoin one month earlier.

Who are Shadow Brokers?

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