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This isn't just about NFTs. It's about every transaction: houses, cars, art, watches, shoes, comic books, any collectible, store of value or investment. Forget DYOR, inspections, appraisals. If you don't have 100% info overlap, trading is illegal. Impossible standard, bad policy.
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“This isn’t being brought as an insider trading case, it’s a wire fraud case. Yet the government misleadingly describes this as insider trading because they know that buzzword will generate headlines,” @JWVerret tells me in this @motherboard @VICE piece: vice.com/en/article/ake
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I guess the objection is that Nate knew that the asset was scheduled to be featured before he bought, and before the ad was public. But how were other traders disadvantaged by this? Nate had no material info about the asset itself, just that it was going to get extra attention.
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The actual victim is OpenSea as a company since it missed out on either offering more attractive prices to its users or capitalizing on the value-add it featuring pieces yielded.
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Hm. Is that OS’s actual claim? Are NFTs a vebelen good? Do we know that OS itself didn’t buy before Nate? If so, Nate’s buy would have helped the company. Was selling advance listing intel a business for OS? Would there be no crime if OS didn’t feel like it lost any value?
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I have no idea what OpenSea claims, it's not really my place to say whether or not they should pursue him, but I do think it's a lot more coherent to see them as the damaged party in this story.
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