After talking about it and thinking about it for months, weekend our family sat down and finished up a 3,333 piece generative NFT project, with my son doing the lion’s share of the art. He’s 12 now and has spent massive chunks of his life building amazing structures in Minecraft and we all really enjoy pixel art so it was natural for him to take the visual lead. Of course Tara and I contributed some art as well. While we love PFPs, we also wanted to do something a little different and based this project on bookshelves and the stories and inspiration they can hold. There’s a lot of fun stuff hidden in this collection as well as some 1/1s that we can’t wait to see who finds.
View the collection directly on OpenSea or check the verified contract on Etherscan or follow the project twitter account for news & updates. We used Bueno (a tool built by the Robotos team) to do the generative build and smart contract work and it was super smooth. We’re so excited to roll this out and see what stories this leads to next!
Since it’s been a topic I’ve been yapping about recently a few people asked me for a quick explainer on all the Cryptopunks V1/V2 stuff so the other night I did just that in a Twitter thread but I thought I’d turn it into a blog post as well for easier future reference.
If you’ve spent 4 seconds in the NFT space or 4 seconds near the NFT space or just know some people have some crypto art or something you’ve seen Cryptopunks so I’m going to assume you know what I’m talking about when I say “punk” in this context. There’s no questioning the influence and significance of cryptopunks, there are a bazillion derivatives and they have made headlines for selling for bazillions of dollars. Hours ago in fact Punk #5822 sold for 8000Ξ which today converts to just shy of $23 Million USD. So yeah, they are pretty famous, and it’s important to understand that fame happened almost exclusively in 2021. Cryptopunks were actually released in 2017 and for most of that time very few people cared about them. Towards the end of 2020 people really started going after them and in 2021 they went nuts. But the cryptopunks everyone thinks of are actually the second version (V2).
Going back to 2017, a company called Larva Labs put Cryptopunks online as free to claim and promised the ability to trade/buy/sell them after they were all claimed. It took a few days/weeks for that to happen and once they were all claimed people started trying to trade them. But there was a problem. A bug in the code meant that if you tried to sell a punk the buyer got the punk AND the eth from the sale, leaving the seller with nothing. This is obviously a problem and as soon as it was found Larva Labs said “wait! Don’t trade them yet” and started working on a fix. Because things on the blockchain are immutable they couldn’t really “fix” the punk that were already out in the world, so they made new ones. They airdropped the new (V2) punks to everyone who had claimed the original (V1) punks and figured that was that. Potentially important detail: Larva Labs didn’t send the new punks to the the current punk holders – they sent them to the claimers. So if you claimed a V1 punk and gave it to a friend, you got the V2 punk, they didn’t.
Because the V1 punks were not really sellable everyone kind of forgot about them, and all focus was put on the V2 ones that people could easily trade. It’s worth noting that punks predate the ERC-721 NFT standard we know and love today. Cryptopunks are in fact ERC-20 tokens. In order for Cryptopunks (or any other pre-ERC-721 NFT like Mooncat Rescue) tokens to be traded on NFT marketplaces like OpenSea they need to be wrapped inside of an ERC-721 token. Wrapping is confusing but also really straight forward. It’s just putting one token inside of another. You’ve probably seen WETH which is just Wrapped ETH. Here are a bunch of V2 Cryptopunks that have been wrapped for example, and here’s LarvaLabs recognizing them. That’s apparently an important detail as some have suggested that wrapping changes or somehow negates the NFT that is being wrapped, which obviously isn’t the case. The socks your mother bought you for your birthday don’t cease to be socks when she wraps them in wrapping paper – same idea here. Anyway, for years people were happily buying and selling V2 cryptopunks both wrapped and unwrapped. But they just called them “Cryptopunks” and not “V2 Cryptopunks” because they were the only ones being traded so it was obvious what you meant. But in 2021 some people started working on a wrapper for the V1 Cryptopunks so they could be traded as well. This is where things get interesting. If you look at the incredible timeline Leonidas has assembled you’ll note that Cryptopunks is the very first 10k Avatar project on the Ethereum blockchain.
Despite claims made by lots of people, notably Larva Labs themselves, Cryptopunks are not the first NFT, but they are the first 10k avatar project. But now suddenly you have 2 Cryptopunk collections in motion. Both made by the same company, both pointing to the same art. Released within weeks of each other. Fun fact, the V1 contract calls them “cryptopunks” but the “fixed” V2 contract calls them “cryptopunksmarket” – anyway, with V1s being safely wrapped inside an ERC-721 wrapper they can now be traded, and people started trading them. Anyone who has spent any time around collectors knows that an error or a misprint or a fuckup is always super desirable – and that’s how people started to think of the V1s. They are this mostly forgotten mistake, which is appealing to some people.
And especially if you have cryptopunks because they are historically important as a lot of people claim to, then this original version of the cryptopunks released a few weeks earlier is SUPER INTERESTING! (all caps for emphasis). This is where things which are seemingly clear get really messy quickly. LarvaLabs has an unclear relationship with the IP of the Cryptopunks. I wrote a bit about this last year in relation to their reactions to some derivative projects.
From their end, LarvaLabs didn’t have a license in place before they distributed them and have taken different and conflicting positions on the matter over the years, so there’s just nothing clear to fall back on which is why it’s such a grey area. 19/ Anyway, jumping back to now – V1 and V2 Cryptopunks are now on the market. Anyone with a V1 cryptopunk who couldn’t trade it before can now safely wrap it and then sell it. Guess who had a lot of V1 Cryptopunks? LarvaLabs. In what is now largely seen as a “bad move” LarvaLabs secretly wrapped a bunch of V1 cryptopunks and sold them for a couple hundred ETH. Then went on the attack saying that V1 punks were not legitimate.
As an aside, last year I wrote about how Blockchains have the potential to become social archives, and the documented provenance for each NFT might end up telling interesting stories about the history of specific NFTs and that’s exactly what just happened here. The 39 V1 Cryptopunks that were wrapped and sold by LarvaLabs are already being referred to as the “rainforrest punks” and have become especially desirable among some collectors in what is basically the Streisand Effect for Web3.
So LarvaLabs then sent a DMCA to OpenSea as they have been known to do, and OpenSea complied by taking down the listing for the V1 punks. Now if you’ve been following along this far you know that V1 punks were made by LarvaLabs. So they kind of just DMCA’d themselves. This is akin to Nike making shoes with a white swoosh, selling them and then deciding they want the swoosh to be red and then claiming infringement against someone who bought the white swoosh Nikes trying to resell them on ebay. In other words it makes no sense. V1 punks were made and sold by LarvaLabs. They can’t decide after they are already sold that they don’t like them and then claim they aren’t real, or that the secondary market is infringement. So of course the DMCA notice was appealed.
That happened yesterday, so now LarvaLabs has 10 days to respond (or not) until we get to the next chapter in however this plays out. At the moment V1 punks are not being sold on OpenSea but are being sold on their own marketplace and on LooksRare. I don’t know if those sites received DMCAs and just ignored them or if they didn’t receive anything, doesn’t really matter though. What happens next however is going to have very serious implications no matter which way it goes. If the DMCA is upheld the secondary market for almost all NFTs is suddenly in legal question. If the DMCA is dropped LarvaLabs will have to accept that their flagship IP isn’t as locked down as they thought, and that there are now 2x as many cryptopunks out there.
Interestingly enough, V2 punk owners have been complaining about how LarvaLabs has been handling IP for quite a while now leading a number of high profile punk owners to sell theirs in protest. So in some ways V1 & V2 owners have a common foe. Though maybe foe is too strong a word. LarvaLabs did make these cool avatars which everyone loves, even if their community relations/communication has been a bit lacking since then. And a lot of V2 owners actually own V1s as well, so it’s not really 2 different audiences.
March Update: In an unexpected surprise turn of events LarvaLabs announced that they sold the IP for CryptoPunks to Yuga Labs, producers of the Bored Ape Yacht Club, who immediately announced that they would not be pursuing any of the DMCAs filed by LarvaLabs and also that they would be granting commercial rights to CryptoPunk owners. As part of the deal LarvaLabs transferred their CryptoPunks to Yuga, including some 1000 V1 punks. Almost immediately the V1 collection was reinstated on OpenSea.
But what about V3? V3 Punks is a totally unrelated project created by unrelated fans. It’s just a fun nod to the whole project distinguishing itself as different but also promoting unity and joy, which is kind of nice. Personally I’ve really enjoyed the very rich derivative world that Cryptopunks has spawned and I think the project is incredibly significant. I’ve bought pieces from a lot of the so called “shitpunk” derivative projects over the last year. I also really nerd out about the IP stuff which is obvious from last years article. I bought some V3s because I think it’s fun and I recently traded an NFT I received for free for a V1 because I think it’s a cool piece of history. I have no idea where this will go, or how that will impact values of anything. None of what I’m talking about should be seen as endorsements or speculation, but I find it super fascinating and look at it kind of like collector memorabilia. Anyway, that’s my quick catch up. We’ll see what happens next!
Yesterday I was talking about a cute new digital collectable collection on OpenSea that I was considering buying into, noting that there were 10k which had recently sold out and the cheapest ones were getting more expensive by the minute. Tara was sitting across from me at the breakfast table checking it out as well. We talked about how cute they were and sent a few back and forth to look at. As Tara was getting ready to buy one she asked “wait, why are there only 800 of these, are they still minting them?” We quickly realized that she was looking at a fraudulent collection that had been named almost identically with only one extra letter, but was coming up first in the search results. I immediately sent a tweet to Nate Chastain who is Head of Product at OpenSea and he pulled down the fraudulent account right away. Unfortunately it looked like 30 or 40 people had already fallen for the scam while it was active, and for those people there’s no way recourse or way to get their money back. Had the real account been verified it’s probably safe to say that none of those people would have been scammed, it was only because Tara happened to notice the difference that we didn’t fall for it ourselves. And how long would it have stayed up if someone who knew who to reach out to on Twitter didn’t spot it?
Sadly, this isn’t the first time this has happened with OpenSea, in fact it happens regularly – and much of that can be blamed on how OpenSea handles verification. And because transactions happen instantly, even if a scam is found pretty quickly the money has already been transferred to the scammer with no way to get it back. Essentially they have created a situation with high reward and low risk for scammers to just keep setting up fake accounts and collecting Ξ every single day.
But let’s step back for moment and look at how we got into this mess. Verification as we think of it today both began with and is the fault of Twitter. In 2009 Twitter was sued by Tony La Russa relating to a fake account in his name, and while the suit was eventually dropped Twitter instituted Verified Accounts in the wake of that suit to give them a solution for the future. Years earlier Friendster had gone to war with the so called Fakesters by just banning accounts left and right, which is arguably what caused people to flee that site in favor of MySpace. Following that lead, Twitter had been applauded for taking a more permissive approach to free speech / parody and in theory this step allowed them to keep doing that. You might think this was a good move and had it been rolled out as promised it might have been, but rather than being used to, you know, actually verify an account was who it was claiming to be, Twitter decided to monetize the feature. I wrote about this back in 2015 as one of the big problems on the site at the time, but essentially they gave verifications away to famous people to make it desirable and they would use a few verifications as a lure to companies to get them to buy ads. They also began threatening to remove verification for accounts they deemed to be in violation of their TOS. This had a terrible impact on the public perception of “verified” and instead of seeing it as “this account is who is who it is claiming to be” people began to see it as a kind of endorsement. It took many years of very loud objection to this by many people before eventually Twitter came around and stopped using it as a prize and published a clear set of criteria which allowed non-celebrities or paying customers to get the prized blue checkmark. Anyone can now apply to be verified and Twitter’s official position is that it is not an endorsement but rather confirms they have seen evidence that proves the account is or represents who it claims to. This is a good thing.
Conversely Instagram is still very much doing the “We verify accounts on a case by case basis, but we won’t tell you what our criteria is” thing which leads to incredibly high profile people unable to get verified and regular scams taking place on the app. I’ll skip the breakdown about how every other site handles this and get right to the obvious point – Verified should mean exactly that. The account has been verified. It is who it claims to be. That the site has seen enough evidence to confirm identity. End of story. It should not be seen as an endorsement, or used in an editorial manor. It shouldn’t be weaponized. And to be very clear, when a site decides to have a vague policy that is enforced on a case by case basis, that’s what they are doing – and it directly harms the community. Ironically, almost every site doing this claims to be doing it to protect their users. I know because I’ve talked with most of them. They care, but they are misdirected.
Which brings us back to OpenSea. I’ve written about different issues on OpenSea many times this year but if you are new to this let me quickly summarize that they are the absolute largest NFT marketplace by user base and have raised more venture capitol than any of the other competing site. Unfortunately from an outside view, teams appear to have a fraction of the resources they need to get anything done. I will say that this has taken a significant step in the right direction with the addition of Nate Chastain who I mentioned above. Prior to his hiring the only way I could get any comment or issue addressed was to DM with one of several anonymous team members on Twitter who would promise me they would try to get the person “in charge” to do something and then cross my fingers and hope that it would work out. It did about 50% of the time. Now with Nate I can tweet publicly with a real person and get a comment or an issue addressed 100% of the time. That’s a wonderful step forward, but still incredibly problematic. OpenSea recently raised $100 Million on a $1.5 Billion valuation–that the Head of Product has to personallyhandlesupportrequests sent to him on his personal Twitter is fucking ridiculous. I appreciate the personal touch of course, but come on–It’s not fair to him, and it’s not fair to the community. With that said, I truly believe Nate is trying to do the right thing, but I also think OpenSea’s policies are misdirected. And while misdirected policies on social media sites can lead to difficult social situations, misdirected policies on market places also end up costing people real money.
So what are those policies? Thats a good question and it seems to be somewhat fluid. To begin with, OpenSea has 2 different and separate kinds of verification. Account level – are you who you say you are, and Collection level – Is this a legitimate project or not? (To sell an NFT on OpenSea you have to make a Collection for it to live in). I’m verified on Twitter, and after connecting my OpenSea account to my Twitter account and tweeting out something OpenSea was able to confirm I was who I said I was and verified my account there as well. You might think that if OpenSea is confident enough in what they know about who I am that they can verify my account that they would use that information to automatically verify my collections. That would make sense, but that is not the case. Collections are verified separately and somewhat arbitrarily. Earlier this year only verified collections turned up in search results. Documents on OpenSea’s site recommended after you create your collection you tweet the link to them or post it in their discord and they would then verify it. That got overwhelming quickly and the backlog became insane, so they changed to allow all collections in the search results, but buying from an unverified collection gives you a popup saying that OpenSea hasn’t had a chance to verify it yet. But due to the sheer numbers of listings being added every day you are much more likely to see that popup than not, so it’s become easily ignorable noise – just enough for OpenSea to waive responsibility for people who get scammed.
These verifications before seemed to be based on someone looking at the collection and seeing if it looked on the up and up and then hitting OK. But that’s changed and OpenSea is now treating Collection verification as an endorsement. Officially, you can no longer request that your collection be verified. Instead, collections are supposedly verified after hitting a completely arbitrary bar of 100Ξ in sales volume, but there are “other ways” to get verified as well. Like being a celebrity (but not a famous artist). Or asking on Twitter. (And that doesn’t even begin to address the problem that tying authenticity to a sales number disadvantages lower priced work made in smaller numbers, in favor of higher priced work made in bulk – which suggests OpenSea is more concerned with how much money they are going to make and less about protecting people from scams.) In addition to having a verified account, other things that will not get you a verified collection include having other verified collections (every new collection has to start from 0), having impersonators actively scamming people by pretending to be you, or making what they consider to be an homage or derivative art. That last one is most troubling because all art is derivative, so this means someone has to make call about what they think is too derivative which means individual people are projecting their personal biases onto a system that is designed to protect people. This means if you like a project that individual employees at OpenSea don’t, they are less concerned with protecting you. I’m sure OpenSea doesn’t see it that way because they don’t want to think that their policies are hurting people, but thats exactly what is going on.
I’ve written before about the issues OpenSea has been dealing with in relation to struggles over IP, so their concern is fair, but all the more reason why they shouldn’t be getting involved with editorial decisions and stick to separating scams from legitimate projects. Let’s look at some cats as an example. Stoner Cats is a high profile celebrity backed project that received a mixed reception from the NFT community, including a competing parody project conceived and launched in 24 hours called Blazed Cats. Both projects are algorithmically generated collections of 10,000 images. On the Blazed Cats website they make many references to Stoner Cats, proudly declare their project as reactionary one-upsmanship and repeatedly refer to themselves as a parody. OpenSea did not rule this as an homage and verified it. Conversely, PunkCats is a collection of original hand made illustrations with the concept of being the matching pet to arguably the most famous NFT project ever, CryptoPunks. In fact several CryptoPunk owners reached out to the artist while they were being drawn and commissioned a cat to match their punk. OpenSea initially declined to verify the collection because it hadn’t hit the 100Ξ bar, but once it did (currently over 300Ξ in volume) they decided it was not transformative enough, too much of an homage and refused to verify it. In this case it’s clear that the decisions are both arbitrary and also reflective of individual biases. According to OpenSea, a pixel human head and neck and a full body of a cat are the same thing, but two full body cartoon cats standing on their hind legs and holding (or not holding) similar accessories in the same way are totally different.
Makes you wonder what other art OpenSea would deem too much of an homage and not worthy of verification?
The truth is I could nit-pick this for hours. I have hundreds of screenshots and links to support my argument that OpenSea is not uniformly applying their policy across all projects and instead making personal judgement calls on a case by case basis. Which is literally the only thing they can do to enforce editorial policies like that. This is unscalable and it’s not what they should be doing anyway. OpenSea should not be making judgement calls about IP, or deciding what is or isn’t a homage or is or isn’t derivative enough. That’s not their business and they shouldn’t be getting mixed up in it. They are a market place and their responsibility is to their customers who they should be trying to protect by verifying what is a legitimate project run by a known individual or company and sussing out the frauds and scammers. By creating these arbitrary rules and moving goal posts around, they are creating the absolute perfect environment for scammers to prey on their customers, and they are only able to react after the fact – after people have been scammed and money has been lost.
Make no mistake: The way OpenSea currently looks at verification makes it very easy for people to be scammed, and every single day they continue in that direction they are allowing those scams to persist, and people to be harmed because of it.
I’ve said this on Twitter but I’ll say it again here: OpenSea needs to immediately drop the 100Ξ barrier to verification and make collection verification a subset of account verification. Once someone meets the reasonable requirements for account verification, any collection they create should be automatically verified. This way new collections by known creators are verified the first second they make something available, and there’s no window for scammer to sneak in. Funds from the first 24 hours of sales on unverified accounts or collections should be held in escrow so that if a scam is detected people can get their money back. Anyone caught intentionally posting fraudulent work or scamming people should have their entire account banned. OpenSea should defer all IP claims to existing copyright law, they should let people files notices and appeals and respond accordingly, but they should not be responding to “requests” from people who may or may not have legal grounds to make those requests, nor be making judgement calls on their own. They should recognize that as an art market, all art is derivative and they should immediately stop acting like they are in a position to decide who’s ideas are original enough. They should also use some of those massive piles of cash they have to hire a proper staff to manage all this so that individual employees are not expected to deal with issues brought to them over Twitter.
Gather ’round kids, exciting and fascinating drama is afoot and you know you want to hear all about it. Assuming you are excited and fascinated by IP shenanigans, because really who isn’t right? While I want to just charge right into the theft and murder, oh yes dear reader there is theft and murder, I worry that I sometimes go to fast and leave people behind. So I’m just going to assume that you understand that copyright means the copyright holder (often the creator, but not always) retains all rights and no one else can do anything, and conversely public domain means no one retains any rights and anyone can do anything. Between those two extremes there’s a million miles of grey area which has been somewhat navigated by Creative Commons, who create copyright licenses that intentionally wave some rights while retaining others with the intention of fostering creativity and sharing. For example this blog post is published under a CC-BY license which means while I retain copyright or my words, I also allow anyone to use my words, expand on them or make derivative works and even sell that so long as they credit me as the original creator. Which is super totally cool. I’ve stumbled across my work in countless places, and people have ended up here because they saw something I wrote somewhere else and followed the breadcrumbs. Thanks Creative Commons!
OK, getting back to the juicy stuff. A very popular thing happening in the NFT space right now is for people selling large collectors of Avatars to grant commercial and derivative rights to anyone who buys those NFTs. I haven’t seen any using Creative Commons, because that would be easy and straight forward. Instead most often they have some hacky chopped together Terms of Service filled with rando copypasta from various other projects and it’s confusing AF. The gist being if you buy an NFT you can use it in other work and sell that work without issue. Essentially they are transferring the IP rights to the buyer, which has created a vibrant market for derivative works, and is helping fuel the overall growth of not just individual projects but also the entire NFT community and ecosystem. So this is a good thing.
But as we know, nothing is ever as straight forward as it seems. And this is where shit starts getting messy.
For a few months everyone was trucking along peacefully making derivative work of NFTs they bought that allowed such a thing, and everyone was happy and there were flowers and rolling fields of green grass and sunshine and then Taylor.wtf burned an ape. Taylor is an artist/musician/producer and also a shit disturbing agent of chaos. I say that as a high compliment and would encourage everyone reading this to aspire to such a description. In NFT parlance, “burning” something is to intentionally send it to a wallet that no one has access to—essentially removing it from circulation. When I say “an ape” I mean one of the Bored Ape NFTs made by the Bored Ape Yacht Club (arguably the hottest and fastest growing avatar collection at the moment). So he burned an ape and then put a video art project of that Bored Ape being set on fire up for auction on OpenSea (the largest NFT marketplace). At first people were just shocked that he’d burnt an ape (as they were trading for about $4k each at the time – though burning money is a long established form of conceptual art perhaps most famously employed by The KLF who literally burned a million GBP) but it got much more interesting when BAYC filed a DMCA notice and had the fire video taken down.
Their position was that as Taylor had burned the Ape before releasing the video, he was no longer the owner and thus no longer had rights to use the work. However! As they were not the owner anymore either it’s questionable about why they felt the need to intervene, which they clarified by saying they were doing so with respect to the current owner – and would do the same for any ape transferred from one party to another if the previous owner kept using it. However however! Since the ape was burned, by all understanding it has no owner, so whose rights were BYAC defending? No one came forward claiming to own that wallet and protesting, and no one could prove that the wallet wasn’t actually Taylors. Or, anyone else who might claim to own it. Point being, no one said “I own this thing and I object to how it’s being used by someone else.” Once this came to light it seems BYAC realized this was a huge steaming pile of shit they’d walked into, and cautiously backed out of it. The video was re-listed elsewhere without protest and remains online.
While Bored Apes are one of the hottest new Avatar projects, the grand daddy of them all is unquestionably Crypto Punks. It would just be bad form not to include them in this drama fest, luckily they are a magnet for it all. Let’s start with CryptoPunk #3100 – currently the highest selling Punk which sold earlier this year for 4,200 ETH or effectively just shy of $9 Million. There’s been much discussion about how an NFT is the token, and the image attached is just representative of the token – that is when you buy an NFT you aren’t buying that image so much as the digital token on the blockchain which is represented by that image. The conceptual artist Ryder Ripps decided to play with this idea by pointing out that the image representing the original CryptoPunks was a 24×24 pixel graphic entirely generated by a script. Ryder recreated #3100 by hand in 4000×4000 and minted it on several platforms. Same image on each, but each being a different token, different contract, and thus a different NFT. An interesting experiment that got much more interesting when Foundation was served with a DMCA notice by Larva Labs, the company who made CryptoPunks, and were forced to delist Ryder’s NFT. One might think “serves them right, that was obviously plagiarism” and many did in fact think that, but it seems many people don’t know about fair use and parody and this is where it got much more interesting- Ryder appealed the take down. You see, under the DMCA, a copyright holder can issue a take down notice to any service if they feel their IP is being infringed upon and the site has to immediately remove the infringing work, however if creator of the work that was taken down believes the action was erroneous, they can file an appeal and this puts the onus back on the company or person who filed the DMCA notice originally – and they now have 10 days to file a lawsuit supporting their claims – if they don’t they then are essentially conceding that they don’t have the legal position to support their initial action and the site in question is free to reinstate whatever was taken down. And again, because US Copyright law does specifically call out fair use and parody, Larva Labs backed down and Foundation has just reinstated Ryder’s Punks.
This is a pretty decisive victory and will likely be taken into account going forward, however there’s another very related situation at play that was going on before all this went down and came to a head before this was resolved. Enter the CryptoPhunks. Who make it very clear in their manifesto that this project is social commentary and a parody aimed at “flipping off the punks.” While Ryder essentially just scaled up the image of a punk in his work, the Phunks actually changed the art. Is it a significant change? That’s up for interpretation but when you are talking about a source image that is only 576 pixels to begin with, how much of a change is needed for it to be significant? Most notably, while all 10,000 CryptoPunks are facing right, the CryptoPhunks are facing left. While this was criticized as a “low effort rip off” by more than a handful of people – it’s an obvious enough difference to be immediately identifiable something that could not be said about Ryder’s Punks. But wait, there’s more! In addition to the flip, CryptoPhunks added a 1 pixel wide outline to the box the Phunk sits in, which is an unquestionable artistic change. Again, we’re talking about a 24×24 pixel image, so very subtle changes are actually pretty significant. You might think these changes made things easier for them, but you’d be wrong. The first take down of the Phunks happened almost as soon as they launched in what seemed to be an editorial decision on the part of OpenSea where they were listed. To their credit OpenSea has been working to take down fake accounts selling fraudulent NFTs and it’s unclear if they understood that CryptoPhunks was a stand alone project and not something misrepresenting itself as official, and this take down appears to be have preemptive and hasty.
After much community uproar OpenSea reinstated the Phunks account and heated discussion started happening on Twitter which involved many CryptoPunk owners disparaging the Phunks and calling the project a “low effort rip off” or “blatant plagiarism.” Ironically, those are “low effort” criticisms that fall apart as soon as you read the project’s mission statement, because while it might not be something that is creatively appealing to everyone, it definitely has some thought and intention behind it. As noted earlier many people in this space don’t seem to understand how copyright or IP works or is applied, or the importance parody and fair use have in culture which can be seen in the reaction to the Phunks from the “NFT community” (if there is such a thing) at large. But things did not end there, OpenSea pushed back with several statements from employees on Twitter which imply they see derivative projects as somehow lesser than original works, and the longer term viability of the Phunks future remained in question. This didn’t slow sales at all, and it’s entirely possible that the vocal outrage from CryptoPunk owners actually served as marketing for the Phunks. Which, again, was kind of the whole point. The Phunks laid a trap and the Punks walked right into it. It kind of reminds me of a time when a music critic friend of mine got punched in the face by the guitarist of a band he’d recently accused of being brainless thugs. Anyway, having freshly filed their DMCA takedown against Rider Ripps, Larva Labs repeated the effort and sent a take down notice to OpenSea, who promptly removed the Phunks from their site. Again.
It’s unclear if the Phunks team submitted an appeal like Ryder did, though it seems pretty clear if they did Larva Labs would have to back down here as well. Guess we’ll see in a few days as that clock runs out. At the moment the collection is still not viewable on OpenSea, but they are live and for sale on Rarible and Cargo. And in case you’ve assumed that these are just cheap knock offs, let me assure you they are selling for very real numbers to very serious collectors who recognize the cultural significance of what’s playing out here. Longtime readers will know that the intersection of parody and copyright is of personal interest to me and I’ve have my own run ins with companies trying to shut down protected speech. In the 20 some years since that showdown with the Associated Press I’ve watched similar situations play out time and time again, and it’s amazing how poorly understood the law around this subject is – and not just from the companies involved. I saw a number of people in the CryptoPhunks community criticizing OpenSea for taking down the CryptyPhunks collection after they received the DMCA notice from Larva Labs. They were accused of “old thinking” and “clinging to stupid Web 2.0 ideas” which is honestly as ignorant as accusing the Phunks of being “low effort rep offs.” While it’s fairly well understood that the DMCA is a bad and broken law– it is still a law and companies operating within the US still have to abide by it regardless of how any individuals personally feel about it. But as Ryder illustrated, it can be fought and that’s what the Phunks should be doing. The idea of a company with no physical presence bound by no jurisdictional laws is certainly interesting, but it’s not reality and probably not a great idea if you dig deep enough into it. But these situations are most likely the beginning and not the end, as more NFT projects grant certain rights and others don’t, and companies and marketplaces try to figure out how to navigate through this mess I expect more showdowns in the future. In the end, this is all a result of creativity and challenging norms and expectations, pushing boundaries and seeing just what new things we can build on top of old structures before they crumble. I’m excited to watch it play out, as a spectator and participant.
Update March 2022: A lot has happened since this post was written last year, not the least of which was the launch of NotLarvaLabs.com which mimics the LarvaLabs website in both appearance and function, providing a royalty free marketplace for trading CryptoPhunks which expands the parody and social critique from just the one NFT collection to an entire industry. Phunks team did not file a counter notice to LarvaLabs DMCA takedown at the time, however with the recent acquisition of the CryptoPunks IP by YugaLabs any action taken by LarvaLabs is no longer valid. To that end, Phunks have now officially requested that OpenSea relist the collection. This of course brings up a question: Phunks were playing the role of David to LarvaLabs Goliath, but if Goliath bows out and walks away what is left for David to do? What do Phunks stand for if the thing they were fighting against no longer plays a role. I asked a few public Phunk holders and they all seemed to say they’ve grown fond of the community and will stay because of that which makes sense, but it’s unclear what kind of a draw that will have for new people who are not in the community already. That said, there have been whispers that the NotLarvaLabs marketplace might be expanding to include at the very least V1 CryptoPunks but potentially other CryptoPunk related collections as well. Pivoting from a giant middle finger into a royalty free alternative to OpenSea for Punks could be a very interesting evolution and next chapter in the Phunks story.
(for easy reference this post can be found at the domain: nftwtf.art If you want just the spreadsheet platform comparison go to nftart.lol If you want to see newer posts I’ve written on the subject, start here)
If you’ve been anywhere on the internet in the last few weeks or months you’ve probably been hearing about NFTs. Like scores of others, you’ve probably been wondering just what an NFT is and if you should bother caring about them or not. Valid questions. I’d argue that you should, especially if you are involved in any kind of arts or creative work.
The Basics: NFT means Non-Fungible Token. Fungibility essentially means interchangeability and in economics that means that all dollars are basically the same. If I take $10 to my bank and deposit it, and then wire transfer it to you and you go to your bank and withdraw $10 you technically have a different $10 in your hand, but because “a dollar” is fungible that doesn’t matter, because $10 is $10. The “value” changed hands, even if the actual physical representation of it didn’t. Now lets say I drew a little sketch of my cat and wanted to give it to you but you live on the other side of the world. I can’t just give that sketch to someone who then tells someone else near you to draw a sketch of a cat and say it’s the same thing, because the sketch is non fungible. You need the actual sketch I drew for it to have value (financial or emotional). Now, if you think of digital items then they are basically all fungible. If I send you an email with a photo attached, you aren’t reading the exact thing I wrote or seeing the exact photo I sent, you are reading a copy of it. But what even is original in terms of digital? That’s where NFTs come in, using the blockchain (which is the technology behind things like Bitcoin) this is a way to ensure that a digital file is the original and not a copy.
One of the hesitations towards and criticisms of digital art has always been that it has no rarity, as anyone can make a copy of it as many times as they want and it’s no different than the original. The same argument is used to denigrate photography and video art, though usually there’s some physical element (a signed and numbered print for example) that specifies the uniqueness. That isn’t typically a concern with a painting or sculpture which is obviously one of a kind. Of course there are forgeries, but they take a lot of effort and experts can usually spot them quite easily. An NFT is a cryptographical way to create that rarity and uniqueness in a digital item and prove that something isn’t a copy.
An artist can “tokenize” a piece of work and then sell it, and the buyer can prove that what they just bought is the original thing sold by the artist. And because the blockchain is public, every time that artwork changes hands it’s recorded in a public ledger and at any point someone can verify the piece is legitimate and trace the chain of custody all the way back to the artist who originally released it. (Or the impersonator, as the case may be) Like an old library check out card, the blockchain records who owned it for how long, and if it was given to them or if they bought it, and if they did how much they paid. Which is a fascinating way to track value fluctuation (hopefully appreciation) over time. In this example of the library book, the stamped library card is the NFT – it’s something that accompanies digital file (often an image or a piece of media) to verify the provenance of that file.
I think this is one of the biggest and most important details – whoever originally creates the NFT is hard coded into the ledger and can specify a royalty that they should receive anytime the work is sold in the future. Traditionally secondary market sales happen like this: Andy makes a painting and asks Larry to sell it for him. Larry has a gallery and sells Andy’s painting to Kirk. Andy typically gets 50% of that sale. So if Kirk bought it for $1000, Andy just made $500. Larry did too, but that’s a different story. Anyway, say 10 years later Andy has become a much more popular artist and Kirk decides to sell that painting and asks Christie to sell it for him, Christie will take a 20% fee for doing that and 80% will go to Kirk. Andy gets nothing. So if Christie sells that painting for $1M, Kirk makes $799,500, Christie makes $200,000, but Andy gets nothing. He’s still only got that original $500 from Larry. However if that painting was an NFT, and Andy is the one who made it Andy could specify that anytime that work is ever sold in the future, he gets a % of that sale. (Make sure to read part 2 for important clarification of this point)
Artists! This is important. If a gallery or curator or someone has approached you about making NFTs of your work and hasn’t told you about this, chances are they are putting themselves in that royalty seat so they, not you, get paid off every sale.
Think of an NFT like your domain name or your email address. Some of you might know first hand the problems that can come from letting a business partner own or manage your domain or email. Or your bank account. This has the potential to be a million times worse, and it’s one of those problems that you won’t realize is a problem until it’s too late. Take steps to avoid it now by making and publishing your own NFTs. It’s really not that hard, and the effort is worth it.
One final thing: Like iPhones vs Androids, there are two common standards at play here though in this case they were both made by the same people. ERC-721 and ERC-1155. ERC-721 is the older standard used by everyone and is for absolutely positively one of a kind items. ERC-1155 is a newer standard (and thus still gaining adoption) and is more flexible as it allows you to make one of a kind items, or an edition (only 25 ever made). If you want to understand more on that, read this.
With that out of the way, let’s move on.
So how do you make (or “mint” as it’s called) an NFT? Actually how you mint, list, and sell an NFT are closely related. For the purpose of this I’m going to be talking about minting and selling on OpenSea which is the currently the largest marketplace for such things, and is the service I used to easily mint my first NFTs.
There are several sites that will help you make NFTs and also several sites where you can sell NFTs. As long as they are using ERC-721 or ERC-1155 standards the NFTs you create in one place can be transferred or sold in another place. But in the same way you can’t take one painting and sell it to 5 different art galleries at the same time, one of a kind items can only be sold on one marketplace at a time.
Some friends andI created a comprehensive spreadsheet comparing the top 30 platforms. Each site has different policies, practices, and fees. Some have strict curation and you have to apply and prove yourself worthy to sell things there, some require buyers use their own in house cryptocurrency rather than something more widely exchangeable and some have pretty high fees for that convenience so caveat emptor. Again, to keep things simple I’m only talking about OpenSea.
OpenSea also offers “free NFT minting” which is a little misleading in that you still have to pay to initiate your account (technical limitation that you have to pay anywhere) but while other sites will charge you a “gas” fee every time you mint a new NFT, OpenSea won’t. (Gas is an important thing to understand, I spend more time talking about it in part 2 )
You will also need a wallet to accept all the crypto you will be making from your sales. You might ask why you can’t just use paypal or something? Because paypal deals in FIAT currency not cryptocurrency which is central to this entire thing. On OpenSea most sales are done using Ethereum (which is the second most popular cryptocurrency next to Bitcoin) though you can choose to accept a different type of cryptocurrency if you want. Think of OpenSea like ebay, they handle the transaction but they don’t hold money for you because they aren’t a bank. And neither is OpenSea, which is why you need a wallet. Most people use MetaMask which is simple browser extension, others prefer Coinbase Wallet or Rainbow which is an app you install on your phone. There are other options which you’ll be prompted to choose from when you first go to OpenSea, but you need one to go any further. Any money you make on the site from sales will go directly to that wallet, and if you choose that wallet when you decide where future royalties are sent then will go there too. But keep in mind that isn’t something you can change later, so make sure to write down all your wallet recovery details. If you lose your wallet, you lose your wallet. Literally.
Once you’ve connected your wallet your account on OpenSea exists. Keep in mind the two are linked, so if you go to OpenSea and use a different wallet, you’ll end up with a new (different) account. The little circle icon in the upper left corer is your avatar, and that dropdown will allow you to set all the basic profile stuff you would set on any site. Next to it is CREATE and you guessed it, this is where you go to create NFTs. Choose “My Collections” on that dropdown and on the next page you’ll be given an option to create a new collection which you have to do first as your NFTs will be part of the collection. You’ll get a popup asking for a name, description and logo.
One thing I didn’t realize, the collection is independent from the user. I guess because you can invite other people to help you manage collections. But point being, the URL will be based on the collection, not the user. For example when I created a collection called “D5Kglitches” I assumed that would be nested under the user “seanbonner” but it’s not, and creating that collection resulted in a URL that looks like this:
And as you can see on this page showing one of the NFTs in the collection, the attribution is to D5Kglitches, not Sean Bonner. In this context that’s not a big deal, but it’s worth noting. I plan to make NFTs of some of my photography and I’ll be making a new collection properly named when I do. (Update: I did.)
Once you’ve made a collection you can click into it and “Add New Item” which is the option you’ll use to mint an NFT. Before that you should click the “edit” button though and you’ll have a chance fill in more information including any links or credits you want to add, as well as that royalty thing I mentioned earlier. All NFTs in this collection will conform to this, so decide what % of future sales you want and put in your wallet address.
Once you’ve saved that, go back and hit that “Add New Item” button. This is where you choose the digital file you want to tokenize. Files can be a JPG, PNG, GIF, SVG, MP4, WEBM, MP3, WAV, OGG, GLB, or GLTF. Max size is: 100 MB. Add a name, a link to any external information about it (like your website) and a description. You can also add “lockable content” which is basically things that are hidden until it’s bought. I’ve seen people sell a collection of 10 blank white squares, with the actual image being locked content, so people didn’t know what they were buying until after they bought it. I’ve also see people sell a visual object and provide audio as the locked. Of course there’s no requirement to do this, it’s just an option if you want it.
Next is “Supply” and at the moment this is greyed out and limited to 1. However, if you paste “?enable_supply=true” into the URL and reload the page you’ll be able to edit that. BUT, you’ll lose anything you already added on the page, so don’t do that yet. Just go ahead with 1 copy and remember that for next time.
The next step is “create” which is where you’ll need to initiate your account with a transaction if you haven’t already, and then you can set the price/type of sale. Options are for a fixed price, auction, or declining price. Most people will want to just start off with a fixed price. If you have a following who is waiting on baited breath for your NFTs to drop then you could choose auction and see how much they are willing to pay. Declining price took me a minute to understand but this is a tactic to use FOMO as a marketing tool. You set a high price and a time period, and over that time the price gradually decreases until someone buys it or the deadline is hit – the idea being people will watch it and buy it before it gets too cheap and someone else gets it before them. I don’t know how this works in practice, but in theory maybe someone who only wanted to pay $100 might buy it at $120 because they are scared someone else will buy it at $105? Sort of a reverse auction or something.
Click sell, and you are rolling. You can tell people about your NFTs and people can buy them if you send them the link. They won’t be able to find them on their own though because there is one final step where someone at OpenSea has to manually “verify” that the collection is real and works and legal, once they do that then you are in search results on the site too. They say if you sell things you get noticed, but also just tweeting to them and asking for verification seems to work really well too.
If you have any questions let me know and I’ll see if I can help.
In the past decade I've lived in Tokyo and Los Angeles, and now in Vancouver. I've run hackerspaces and blog networks, an art gallery, a design firm and a record label. I'm one of the co-founders of the environmental non-profit Safecast, a Shuttleworth Fellow and have been an Associate Professor at Keio University and a Researcher at the MIT Media Lab. I take photos and make noisy ambient music under the name Delay 5000 (D5K). For most of the last 2 years I've been working around NFTs and Web3. Read more about me here. I don't use Facebook.
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