You've launched or invested in an MMO game, only to discover that criminals use it to communicate and move illicit funds. All the years of R&D, investment, marketing - only to be compromised by unintended, but arguably foreseeable uses of your platform.
Could this be you? 🧵
(1) If you’re building or investing in a game (esp. a web3 one with tokens and NFTs), do you know what laws and regulations apply to you?
(2) For example, do you have to apply for state money transmitter licenses or register with FinCEN? Do you have to do KYC/AML on your players? How do in-game marketplaces impact this decision? How do the big gaming companies structure their in-game currencies?
(3) I did all the hardworking so you don't have to :). Answers and more can be found in Chapter One of my #Legal & #Web3#Gaming primer. Read more here: amymadison.xyz (subscribe, download & share if you find it helpful ).
(4) Not legal or investment advice, but hopefully will shed light on some of the biggest legal issues in developing web3 games. Also applicable to general projects involving tokens and NFTs.
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Copyright is copyright, regardless of the canvas, whether it be paper, digital or someone's body - as in the case of tattoos.
Tattoo artist wins lawsuit against Take-Two Interactive for unlicensed use of her designs on wrestler Randy Orton in WWE games. Court finds no fair use.
(1) In case there is ambiguity, the artist owns the copyright to the tattoo, unless otherwise granted. Permission is usually needed to reproduce (absent an exception like Fair Use).
(2) In 2011, Whitman, the artist behind Mike Tyson's face tattoo, sued Warner Bros. for copyright infringement, threatening an injunction to stop The Hangover II.
(1) The corporate ownership & incentive structure over the last 70+ years: Owners get paid > executives get paid > ordinary employees get paid (we’re here) > contributors everywhere get paid (we’re going here). With DAOs, we’re changing history.
2) The modern corporation emerged in the 1800s, but stock options didn’t become popular until 1950, when the Revenue Act allowed execs to sell their options at capital gains rates (vs ordinary income). By the 1960s, stock options were found in 50%+ of exec. comp. packages.
(3) It wasn’t until 1968 (relatively new!), that equity was shared with ordinary employees. Thanks to Intel and its investor, Arthur Rock, stock options are now a common (and expected) means of rewarding employees on every level for their contributions to a company’s success.
(1) A DAO was formed. The DAO got hacked. And now, the DAO and its members have been slapped with a putative class action lawsuit. Here’s what happened 🧵
bZx is a defi protocol for “tokenized margin trading and lending”.
bZx was originally developed and controlled by two LLCs, which was controlled by 2 co-founders. Control was then transferred to bZx DAO and “controlled” by anyone who held a BZRX token.
(3) Hackers used a phishing attack directed to one of the DAO’s developers to gain access to the wallet and private keys, stealing $55MM from bZx users.
14 int’l plaintiffs that lost money filed a putative class action against the DAO, the co-founders, and their LLCs.
1/10 Do you buy, sell, or trade NFTs? If so, let’s talk about your tax implications to make sure you’re prepared during tax season 🧵
2/10 NFT transactions are subject to taxes. Given the massive run-up in prices of some NFTs, your tax burden can be quite substantial, so it is important to plan ahead.
3/10 If you’re a creator, the taxable event is triggered when you sell your NFT(s). The proceeds are subject to ordinary. income taxes and sometimes self-employment taxes (15.3%). Creators can deduct ordinary and necessary business expenses.