Unpacking Ripps’ Argument

At a recent Oct. 16 hearing, Ryder Ripps, an NFT artist, watched as three judges from the U.S. Court of Appeals for the Ninth District seemed less than convinced by the defense mounted by his attorney, Thomas Sprankling. The argument revolved around free speech, which Ripps and his co-defendant, Jeremy Cahen, believed would dismiss the case.

The Drama of Anti-Semitism Allegations

Sprankling tried to spin the narrative that the knock-off Bored Ape NFTs were not just cheap imitations, but a bold statement against alleged anti-Semitic imagery within the original collection created by Yuga Labs. In an art world twist that would make even the most avant-garde artists nod in appreciation, they pitched their work as a performance in the theater of free expression. But, perhaps like a two-hour movie with an unsatisfactory ending, the judges were left wanting more.

The Anti-SLAPP Defense: A Flimsy Shield?

Sprankling emphasized that California’s anti-SLAPP law is like a protective bubble for those exercising their First Amendment rights, designed to curtail lawsuits that intimidate free expression. He argued that Yuga Labs was attempting to suppress their protest art simply to drain their wallets with excessive legal fees.

• Anti-SLAPP laws protect against lawsuits aimed at chilling free speech.
• They can be employed in art-related disputes to argue that the work has substantial artistic merit.

Judges’ Focus: The Monetization of NFTs

Despite the lofty Free Speech jargon tossed around, the judges appeared less interested in the philosophy and more focused on the bottom line: secondary sales of the NFTs. Judge Anthony Johnstone hit the nail on the head when he pointed out that Ripps was selling images that were “virtually indistinguishable” from the originals. Talk about selling yourself short!

Closer to the Gavel Drop

In the wake of a California District Court finding that Ripps and Cahen infringed Yuga Lab’s trademarks, the case’s conclusion still hangs in judicial limbo. With Yuga Labs accusing the duo of cashing in on trademark infringement and unfair competition, it’s a high-stakes game of Monopoly where Ripps & Cahen might end up losing more than just a couple of properties.

“It seems the only thing less original than the NFTs they created is their defense!”

The NFT Landscape: A Critical Shift

As the NFT marketplace continues to jog on the treadmill of existence, conversations are shifting from wild speculation to genuine utility and artistic merit. As Yuga Labs crowns itself king of the Bored Ape kingdom, Ripps’ artistic reimagination faces a legal gauntlet, but it certainly raises questions about the boundaries of art and commerce in the digital age. Buckle your seatbelt; it’s bound to be a bumpy ride ahead!