--- title: "Lawyers Ponder Whether Stealing an NFT Should Give You Legal Rights to It" description: "It turns out that the legality of Bored Ape NFT ownership is a whole lot weirder than anyone expected, as the case of Seth Green's stolen Ape highlights." date: "2022-06-08" modified: "2022-06-08" authors: - name: "Noor Al-Sibai" job_title: "Senior Staff Writer" link: "https://futurism.com/authors/nooralsibai" url: "https://futurism.com/seth-green-ape-ip" categories: - "Blockchain" - "Future Society" - "NFTs" tags: - "bored ape yacht club" - "intellectual property" - "nfts" - "trademark" --- # Lawyers Ponder Whether Stealing an NFT Should Give You Legal Rights to It ![Nobody can figure out whether or not Seth Green still owns the intellectual property from his stolen Bored Ape — but the courts may soon figure it out.]() *\Image: OpenSea\* It turns out that the legality of Bored Ape NFT ownership is a whole lot weirder than anyone expected. If you're not a crypto nerd, you likely missed the ongoing [saga of actor Seth Green's stolen Ape](). The strange story, [as *Bloomberg Law* reports](), is one of intellectual property purgatory because, frankly, there's a lot more going on with these specific non-fungible tokens than meets the eye. Last month, Green's Ape — which he'd dubbed Fred Simian — was "kidnapped" in a phishing hack just before it was set to star in an animated series titled "White Horse Tavern," raising fascinating questions about NFTs and intellectual property. In an interview after the heist, [the actor maintained]() that the intellectual property rights shouldn't transfer with a stolen Ape because of the theft. Now, it could be a long slog as the courts figure out out whether he's right. As *Bloomberg* notes, the Bored Ape Yacht Club's approach to IP licensing is unique because purchasing the brand's NFTs not only provides ownership of the individual Ape, but also license to artistically and commercially exploit the art however they choose. "That’s what was kind of amazing about the Bored Ape Yacht Club," attorney Jeremy Goldman told *Bloomberg.* "They gave these very valuable assets. They gave the community the rights to go and make stuff and to license it for various purposes, wherever they wanted." While Green believes he's still the rightful owner of the IP for Fred the Ape, BAYC may have a different viewpoint. As the *Bloomberg* report continues, the company behind the brand, Yuga Labs, seems to equate possession with ownership, meaning that whoever now possesses the NFT stolen from the actor — it was sold again for a cool $200,000 after being stolen — also owns the IP. It's murky territory, and it needs to be figured out for non-theft cases, too. "Let’s say it’s not even stolen, \[Green\] sells the ape to somebody else," Goldman hypothesized to *Bloomberg*. "What happens to that sublicense?" There are various legal precedents currently being considered in the case of Fred Simian — trademark law and sublicensing contract law chief among them — that may regrant Green access to the Ape's IP. But until the courts slog through all of that, the world will probably not be treated to the animated stylings of "White Horse Tavern" starring Fred Simian, which [has been put on hold]() while this legal quagmire gets worked out. Oh, the humanity. **READ MORE:** [Seth Green’s Stolen ‘Bored Ape’ Muddles NFT Legal Ownership]() \[*Bloomberg Law*\] **More on blockchain madness:** [*The Environment Is Saved! We're Putting Trees on the Blockchain*]() ## Author At Futurism, I've often been drawn to unpacking the narratives that underlie technological, scientific and medical progress, with a special interest in areas of conflict and ambiguity that end up setting agendas and steering the fates of both elites and the hoi polloi. I'm a committed generalist, but I often find myself returning to work involving NASA and the private space sector, the effects of AI on media and society, and the mechanics of the pharmaceutical industry, with a specific focus on the spread of GLP-1 drugs like Ozempic and Wegovy. Prior to Futurism, I worked for publications ranging from Media Matters and Truthdig to Raw Story and Bustle. I'm also the author of "Myspace Scene Queens," a 2024 title in Instar Books' acclaimed "Remember the Internet" series. My work at Futurism has been cited by outlets including the New Yorker, Slate, Nieman Lab, the Verge, the MIT Technology Review, the Sunday Times, and the Daily Beast. I grew up in North Carolina, attended the University of North Carolina at Asheville, and now live in Brooklyn, New York. In my free time, I'm an avid reader and music fan; you can probably find me at a local poetry reading, concert, underground rave, or DJ set. I'm the proud parent of an ineffable orange cat named Mee-Mow. ### Author social links [Bluesky]()