Magic Card-Loving Crypto Dorks Failed To Understand Copyright Law

Stop me if you’ve heard this before.

a group of Magic: The Gathering fans grouped as “mtgDAO”, They announced plans to create what is essentially their own platform/version From Wizards of the Coast, by taking digital copies of Wizards of the Coast Charm Cards are minted as NFTs.

They don’t make something of the same kind, or loosely rely on it Charm. They simply want to take on existing representations Charm Cards, from design to text to illustrations, and transfer them to the blockchain. In a hilarious attempt to dodge the Wizards of the Coast’s lawyers, they added a note that players would only be able to use cards they already own across the game’s various formats:

Players will need the physical card in order to play the game legally, whether it is a paper card, a card on the Arena, or a card on MTGO. NFTs are not intended to prove ownership of the card, they will only be used to allow this card to be played in mtgDAO format. We do not build game software or print copies of official cards. Games will continue to be played with Arena, MTGO or tabletop using real cards. NFTs can be considered as tournament entry tickets or a way to represent temporary ownership in a draft cube, not as copyrighted card ownership.

did not work.

Your enthusiasm for magic: The gathering is clear and predestined. The team at Wizards has also been impressed by the work you put into developing a new format for playing MAGIC: THE GATHERING. Unfortunately, your intended use of Wizards’ intellectual property, including its trademarks and copyrights, would be unlawful.

You seem to be operating under the false assumption that the project will be legal because you will only allow MAGIC cards to be reproduced in NFT format by a player who has purchased a physical card, a card in the Arena, or a card on MTGO. this is not true. It is the exclusive right of the copyright owner to copy the copyrighted work, such as MAGIC Card, in any format. While there is an exception in copyright law for making a backup or “archival” copy in some circumstances, “this privilege extends only to computer software and not other types of work.” See, for example, the US Copyright Office’s FAQ on copyright and digital files.

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There’s a lot to be angry about when it comes to Web3, from its cult-like nature to the enormous Ponzi Scheme it’s running to the environmental impact. But this idiotic scam in particular reveals perhaps the entire thing’s biggest issue in a practical sense: it’s a solution looking for a problem.

Absolutely nothing about this is of any benefit to anyone whatsoever. Well, almost. Magic players already have loads of ways to own and play the game, both in the real world and digitally, so a scam like this stands to benefit only those looking to profit off these NFTs, and/or those who are so brainwormed by the cult of the blockchain that they’re trying to do this simply because inertia demands it, no matter how stupid it looks (and is!) to everyone else. Case in point: if you want to see insanity unfolding over a series of tweets, Check the group’s reaction to the Wizards character, it’s completely unbroken.

If you’re not sure what a group like this (“DAO) is really about, and you haven’t seen it already, Chapter 12 of Dan Olson’s awesome NFT video will have you up-to-date:

Also! While we’re here and laughing at these damned assholes, make sure you don’t let the Wizards of the Coast off the hook either, as they wrap up their correspondence with:

While Wizards are currently evaluating their future plans with respect to NFTs and MAGIC: THE GATHERING Cards, no decision has been made at this time. Therefore, the use of NFTs in connection with Wizards’ intellectual property is strictly prohibited.

I don’t care if that’s what it meant Legal modeling, aThe New York company is still “evaluating” its plans in this area, because everything we know now about it can get into the trash.