Ira Rothken Profile Banner
Ira Rothken Profile
Ira Rothken

@rothken

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High Technology Attorney, Entrepreneur, and Computer Technologist; Lead counsel in large tech cases; Helped build Web 2 & 3 services that lots of people use.

California
Joined March 2008
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@rothken
Ira Rothken
2 years
I spoke yesterday to the Digital Entertainment Group or DEG about NFT legal strategy - here is the video below - I step through numerous weighty legal-tech issues for any NFT project beginning at about the seven minute mark. I hope you find it helpful.
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@rothken
Ira Rothken
2 months
Our legal team is working on judicial review to the High Court for @KimDotcom in NZ. After 12+ years of injustice: -Illegal Gov raid on family home -Illegal spying (PM apologized) -Withholding of evidence -Destruction of evidence -US blocked legal funding -US judge recused
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@rothken
Ira Rothken
6 years
We are disappointed with today’s Judgment by the NZ Court of Appeal in the @KimDotcom case. We have now been to three courts each with a different legal analysis - one of which thought that there was no copyright infringement at all. We will seek review with the NZ Supreme Court.
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@rothken
Ira Rothken
7 years
The New Zealand Human Rights Review Tribunal in the @KimDotcom case found “...the Crown to be in clear breach of its obligations under the Privacy Act. There has been no breach of standards by Mr. Dotcom...”
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@rothken
Ira Rothken
2 years
@KimDotcom I was having a relaxing evening until this 😵‍💫
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@rothken
Ira Rothken
2 years
@DavidSacks The FDIC insurance for banks is the core utility for depositors seeking safety. Either funds are insured or not. The invisible hand will lead to automated solutions to stay below the 250K cap by simplifying load balancing over many banks.
@rothken
Ira Rothken
2 years
Depositors looking for safety and near zero gain on funds ought not have the investing risks of a bank like @SVB_Financial Time for a “Metabank app” that is one unified interface to a hundred banks each with their own FDIC 250K limit so business savings are always insured - the
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@rothken
Ira Rothken
2 years
The force of the invisible hand is moving AI and GPT chats in the direction of tribalism - each tribe will attempt to “train” their AI implementation in the direction of “lack of bias” or the “truth” - namely answers the given tribe wants users to have - their will be liberal and
@RoundtableSpace
Mario Nawfal’s Roundtable
2 years
Ira ( @rothken ) - Who will/can be responsible for feeding the A.I it’s training data? - Could foreign intelligence feed data to A.I and tamper with other countries? - What will the implications of this be?
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@rothken
Ira Rothken
2 years
In the ⁦ @KimDotcom case our legal team is obligated to raise an uncomfortable issue with the New Zealand extradition court on US procedural fairness touching 10 years of rulings. A judge’s financial disclosure could impact a high-profile copyright case.
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@rothken
Ira Rothken
5 years
The views below are even more relevant today-when you combine illegal gov spying with refusal to hand over evidence of misdeeds. Dotcom's lawyer calls for case to be dismissed after court rules that New Zealand's GCSB illegally spied on Megaupload via @inq
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@rothken
Ira Rothken
8 years
We are pleased that the Court of Appeal in Ontario ruled in favor of Megaupload today citing the need for fairness & impartiality @KimDotcom
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@rothken
Ira Rothken
5 years
The gov’s illegal spying in the @KimDotcom case coupled with state refusal to provide relevant evidence amounts to extreme abuse. No court should entertain an extradition case so tainted with violations of basic human rights-it should now be dismissed in the interests of justice.
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@rothken
Ira Rothken
1 year
The Megaupload programmers’ plea in the @KimDotcom case was to some concocted fraud theory under NZ law NOT criminal copyright infringement alleged in the US indictment. The nuance is that such a gestalt criminal fraud theory is barred under US caselaw. SCOTUS in Dowling rejected
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@rothken
Ira Rothken
6 years
We are pleased that the New Zealand Supreme Court granted review of the US extradition case against Kim Dotcom. We believe that the Court will find that cloud storage providers cannot be held criminally liable for user copyright infringements under NZ law.
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@rothken
Ira Rothken
4 years
In the @KimDotcom extradition case the NZ Supreme Court found the lower court committed procedural errors and asked for submissions on how it impacts the case. Our legal team looks forward to pointing out that the government’s misconduct should lead to a denial of extradition.
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@rothken
Ira Rothken
6 years
The US Court in the @KimDotcom related cases today denied the DOJ’s motion to dismiss Mona Dotcom’s claim to her NZ house. The judge found that the motion was procedurally improper, premature, and that the Gov had not shown that Mona had "abandoned" her possessory interest.
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@rothken
Ira Rothken
3 years
Working on a new NFT standard: 1. Enhanced Authentication of NFT Content using ZKP tech; 2. Built in on chain Affiliate Program for Collectors; 3. Passive income for the Artist and Collectors by NFT HODL; 4. Enhanced consumer protection; 5. Royalties on chain 6. Minimal gas costs
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@rothken
Ira Rothken
2 years
Yuga wins big in their trademark case against Ripps et al by successfully opposing early motion to strike / dismiss: “[T]he Court concludes that Defendants’ use of the BAYC marks is explicitly misleading …[and] …does not constitute nominative fair use.”
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@rothken
Ira Rothken
4 years
In the @KimDotcom case we uncovered illegal spying by the gov in 2012 and the prime minister was forced to apologize. The case nine years later, should be dismissed in the interests of justice. Civil liberties are at stake: via @nzherald
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@rothken
Ira Rothken
1 month
Extradition or Extraction? How the US Aims to Bypass NZ Law in the @KimDotcom Case
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@rothken
Ira Rothken
8 years
I said in Feb 2012 that @KimDotcom did not violate NZ copyright law it took about five years for a NZ court to agree
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@rothken
Ira Rothken
2 years
The Senate is asking the US Copyright & Trademark offices to weigh in on NFT IP issues. One bug in my view is that NFT license agreements do not usually meet the “clear and conspicuous notice” & “opt-in consent” standards for enforceable contracts-especially on secondary sales.
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@rothken
Ira Rothken
2 years
The current NFT ecosystem is too complicated. It needs to be simplified. We are building open source code to make buying, selling, & creating NFTs easier and safer. 1. Onchain royalties & legal terms 2. Each NFT is its own store anywhere 3. NFT Search engines NOT marketplaces
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@rothken
Ira Rothken
6 years
The Assange case includes the Doctrine of Specialty in the US-UK Extradition Treaty and UK discretion: “1. A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for: (a) any offense for which extradition was granted...”
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@rothken
Ira Rothken
7 years
About six years ago today the NZ gov with US support initiated a military style raid on a family with children in a non violent internet copyright case-Here are my views from a 2012 interview: Lawyer for @KimDotcom says case wrong on facts, wrong in law
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@rothken
Ira Rothken
7 years
The NZ GCSB illegally spied on @KimDotcom , after they knew it was illegal, for criminal copyright infringement, a claim the NZ Court tossed.
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@rothken
Ira Rothken
3 years
We rolled out @TreeTrunk_io a new NFT standard: 1. Authentication of NFT Content by ZKP tech; 2. Downstream royalties for Artists & Collectors on-chain; 3. Passive income for the Artists & Collectors by NFT HODL; 4. License terms in NFT; 5. Artists design their own “trees”
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@rothken
Ira Rothken
2 years
This Wire Fraud indictment against an OpenSea employee for using confidential information on NFT drops & homepage placement could be a roadmap to make a criminal out of almost worker or influencer on an NFT project who preemptively transacts on material confidential information.
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@rothken
Ira Rothken
7 years
Kim Dotcom sues the US and New Zealand governments over 2012 Megaupload related arrest warrant via @cmu
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@rothken
Ira Rothken
2 years
2023 with AI apps like ChatGPT, DALL-E, and Stable Diffusion will be the year of “weaponized fair use” of copyrights. Copyrighted works can be ingested, obscured / summarized, and reconstituted into new works attenuated from its origins. Let the AI copyright policy debates begin!
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@rothken
Ira Rothken
8 years
Kim Dotcom appeals to highest court in US in effort to recover seized assets via @1NewsNZ
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@rothken
Ira Rothken
3 years
Today is the 10th ann of the government’s raid on @KimDotcom & his family over the dual use tech - Megaupload. Cloud storage providers ought not be held criminally responsible for the acts of users. This interview I did 10 yrs ago is still relevant today:
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@rothken
Ira Rothken
2 years
Congrats to @GabrielJWeis and the @TheStoicsNFT collaborators on perseverance in your NFT drop. Great Art by great artists. I am a Stoics supporter and the art will be displayed in a special place!
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@rothken
Ira Rothken
8 years
We are in the NZ courtroom now watching the setup of the Livestream equipment in the @KimDotcom case with special thanks to @YouTube
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@rothken
Ira Rothken
1 year
@nftnow Nate was convicted for essentially “front running” NFT art - which is generally legal or at least not criminal in the IRL art world - and breaching a less than precise confidentiality agreement - which tends to be a civil wrong but rarely a criminal wrong (outside of the
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@rothken
Ira Rothken
3 years
New Metaverse + NFTS + play to earn = probably nothing 🤓
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@rothken
Ira Rothken
7 years
I discussed the illegal NZ spying on @KimDotcom in this interview from 5 yrs ago-The US-NZ case should be dismissed.
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@rothken
Ira Rothken
9 years
Our team in @KimDotcom US appeal just argued against Fugitive Disentitlement for a man lawfully fighting extradition
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@rothken
Ira Rothken
2 years
Great going to a ⁦ @EricSpivak ⁩ event IRL @NFT_NYC ⁩ a lot of talented people roaming around.
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@rothken
Ira Rothken
8 years
NZ Court hears closing arguments in Kim Dotcom's US extradition appeal hearing
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@rothken
Ira Rothken
2 years
Just doing some IRL brainstorming with ⁦ @JulianGilliam ⁩ on NFT ecosystem stuff ⁦ @NFT_NYC
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@rothken
Ira Rothken
2 years
The OpenSea employee has defense arguments against Wire Fraud. The core allegation is breach of a confidentiality agreement with OS. The 2nd Cir held-A contractual promise can only support a claim for wire fraud upon proof of fraudulent intent “at the time of” contract execution.
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@rothken
Ira Rothken
8 years
Five years ago I made these comments to @arstechnica right after the "Military style" raid on @KimDotcom #Megaupload
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@rothken
Ira Rothken
3 years
NFT Bug Alert US Law: 17 USC 203 allows the artist to terminate some copyright licenses 35 years after the grant putting at risk some long term NFT collections. Physical art has the “first sale doctrine” but NFT-digital art does not and is usually licensed by the artist to buyer.
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@rothken
Ira Rothken
8 years
@KimDotcom Lawyer: Why We Want to Livestream the Hearing - Bloomberg
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@rothken
Ira Rothken
9 years
I just did an interview in the @KimDotcom case with @radionz on the US extradition matter
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@rothken
Ira Rothken
1 year
@brian_armstrong The communications between the SEC and Coinbase need to be scrutinized - the SEC mandate is to protect investors - why approve a Coinbase IPO and then sue to enjoin the same services? You can call it estoppel, fair notice, or some other label against the SEC conduct but the
@rothken
Ira Rothken
1 year
The SEC has sued Coinbase for a smorgasbord of securities violations. This case will settle but at what cost? There is something wrong when the government stays on the sidelines for many years watching an entire blockchain industry grow and instead of engaging in carefully
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@rothken
Ira Rothken
9 years
The @KimDotcom team looks forward to having the US request for extradition reviewed in the High Court.We have no other comments at this time
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@rothken
Ira Rothken
11 months
@KimDotcom I remember 1 🤓
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@rothken
Ira Rothken
2 years
The @opensea NFT royalty issue is solveable with onchain royalties like our open sourced EIP-4910 or similar. This puts the decision in the hands of artists, not platforms. Once NFTs move to onchain royalties then platforms compete on discovery, traffic, & search engine quality.
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@rothken
Ira Rothken
2 years
After listening to the @CopyrightOffice roundtable it seems like the NFT ecosystem is vulnerable: 1. Lack of binding license agreements on secondary sales; 2. Lack of robust labeling at consumer point of sale; 3. Unenforceable royalties; We built to help.
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@rothken
Ira Rothken
2 years
In this video podcast I discuss: 1. Why the indicted @opensea employee has robust legal defense arguments; 2. Two huge legal bugs facing the NFT ecosystem that puts projects & collectors at risk (hint - not securities issues); Please forgive audio quality
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@rothken
Ira Rothken
2 years
Depositors looking for safety and near zero gain on funds ought not have the investing risks of a bank like @SVB_Financial Time for a “Metabank app” that is one unified interface to a hundred banks each with their own FDIC 250K limit so business savings are always insured - the
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@rothken
Ira Rothken
8 years
@DKMahant @KimDotcom @CathyGellis Fraud cannot be used as an end run around the copyright act. The case is on appeal
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@rothken
Ira Rothken
8 years
A good day in Court in Virginia working with our legal team on the @KimDotcom case
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@rothken
Ira Rothken
8 years
Megaupload's @KimDotcom to seek a review of U.S. court's forfeiture ruling via @Reuters
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@rothken
Ira Rothken
11 years
#Snowden is charged with truthful speech that revealed illegal spying by the US. The US ought to grant #Snowden political asylum from the US
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@rothken
Ira Rothken
10 years
The Order today is not only offensive to @KimDotcom 's rights but the rights of all Kiwis who can lose their NZ homes if they opp US claims
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@rothken
Ira Rothken
2 years
The Yuga Labs lawsuit, important for brand protection, may raise “bet the NFT PFP model” issues-winning bolsters the NFT ecosystem losing harms it. E.g. plaintiff’s “unlawful use in commerce” is an affirmative defense. Is BAYC NFT an unlawful security? What will discovery show?
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@rothken
Ira Rothken
2 years
Future of NFT Platforms: 1. Each NFT will be it’s own non custodial store with an embed code - mint once transact anywhere - even in a blog; 2. IP owners will sell original NFTs on their own domains - keeping their own traffic; 3. NFT Search engines will be a key discovery tool;
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@rothken
Ira Rothken
10 years
In honor of 10th ann of @telltalegames an early photo of our founding team built on the talent of @DC_TTG & @kevbru http://t.co/yrTolyyPJr
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@rothken
Ira Rothken
2 years
Building LegalTech software to solve problems in the NFT ecosystem like: 1. Proof of binding licensing agreements; 2. IP licensing by content owners across game & “metaverse" systems with onchain royalties; 3. Digital evidence capture via blockchain; -Interested in helping? DM me
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@rothken
Ira Rothken
3 years
NFT Analytics of the day: On OpenSea 5% of all addresses account for approximately 80% of the NFT profits made on secondary sales. In 2022 lets aim to expand NFT profits to a wider group.
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@rothken
Ira Rothken
3 years
I'm discussing “NFT with Sotheby´s Institute” with VeroNika Kolés, Alex Doss, @PostmastersBC , @DrueKataoka , @tatolapchik , @smilesssvrs , @LinkedEm , @JoeBenso , @WilliamTong , CryptoSpaces, @BT . Today, Sep 22 at 3:00 PM PDT in @clubhouse . Join us!
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@rothken
Ira Rothken
2 years
If someone mints NFTs that point, in an unauthorized manner, to another person’s copyrighted works on IPFS, and market & profits from such NFTS, and purchasers download the NFT content to their wallets and other apps, it is an arguable case of “secondary copyright infringement.”
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@rothken
Ira Rothken
2 years
NFT tech is more important than ever for innovation and artist expression. In light of crypto headwinds manifested by @SBF_FTX & others we go back to basics. This video answers the question on why NFT tech has strong legal and economic foundations. #HODL
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@rothken
Ira Rothken
2 years
Questions that NFT projects ought to answer yes to: 1. Do you rep & warrant ownership of the NFT content IP? 2. Did you register copyrights in the content? 3. Do I have a commercial license? 4. If a 3rd party infringes the content will you send a DMCA notice or take legal action?
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@rothken
Ira Rothken
2 years
Dear NFT projects, Please include in (or immediately add to) your NFT licenses “commercial rights” allowing NFT holders to selectively permit metaverse platforms to use the NFT art, pfp, or digital asset & to render it in new works in 2D & 3D in interactive entertainment software
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@rothken
Ira Rothken
10 years
We are looking for awesome lawyers in NZ and US to assist our global legal team in the @KimDotcom related cases http://t.co/q7i0nntVEe
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@rothken
Ira Rothken
8 years
Cato Institute & Inst. for Justice filed an Amicus brief today supporting rehearing en banc in @KimDotcom CA4 case
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@rothken
Ira Rothken
9 years
We believe the dist ct was wrong. Today's decision rendered the NZ ISP criminal copyright safe harbor illusory. Justice was not served today
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@rothken
Ira Rothken
2 years
Ok my nerd law brain asked ChatGPT to write a memo on copyright law in the style of Shakespeare 🤪 To whom it may concern: Greetings, fair readers! Let us speak of the law of copyright, a subject most weighty and worthy of contemplation.
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@rothken
Ira Rothken
8 years
Our @KimDotcom team filed today a Petition to the Fourth Circuit for rehearing en banc on fugitive disentitlement
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@rothken
Ira Rothken
1 year
The SEC has sued Coinbase for a smorgasbord of securities violations. This case will settle but at what cost? There is something wrong when the government stays on the sidelines for many years watching an entire blockchain industry grow and instead of engaging in carefully
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@rothken
Ira Rothken
11 months
Just created a beta GPT. “Case Brief Genius.” I love the debugging process rather than write a lot of code one engages in a natural language argument with the development AI to make incremental refinements that combine removing bugs while adding new ones 😂
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@rothken
Ira Rothken
2 years
The evolution of Ordinals ought to include a Bitcoin metadata standard, for example a JSON, to help protect artists and consumers: 1. The standard JSON can then be predictably ingested to show key information at the point of transaction to help make informed decisions; 2. It
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@rothken
Ira Rothken
11 years
I was shopping in the mall when I came across a large poster of @KimDotcom advertising the Good Times Album http://t.co/D0NNopbrxD
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@rothken
Ira Rothken
9 years
Good ruling in Canada in the @KimDotcom cases - court allows appeal to clarify consumer privacy rights in server data M46082 - AG v. Equinix
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@rothken
Ira Rothken
10 years
We filed a brief today in the @KimDotcom case arguing the US is trying to abuse the fugitive disentitlement doctrine http://t.co/wFB2AwXqyP
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@rothken
Ira Rothken
10 years
We just filed the Notice of Appeal to the Fourth Circuit of the @KimDotcom case Fugitive Disentitlement and Forfeiture Orders.
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@rothken
Ira Rothken
9 years
We recognize that the @KimDotcom case is a public interest case and we will endeavor to share with you publicly filed materials when we can
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@rothken
Ira Rothken
10 years
He has never been to that country but US brands @KimDotcom a Fugitive http://t.co/4vRV4FgFZK
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@rothken
Ira Rothken
3 years
Today chatting with: -an innovator who works with the co-founder of Ethereum on their new NFT tech; -a brilliant programmer / music producer who wrote over 200K lines of code for his NFT; and -a special guest discussing art of an iconic anonymous artist!
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@rothken
Ira Rothken
10 years
The @KimDotcom GCSB matter foreshadowed the Snowden revelations and the work of @ggreenwald see this from March 2013 http://t.co/gV6ngLWaD1
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@rothken
Ira Rothken
2 years
The time has come @opensea , @dfinzer and @blur_io to implement NFT onchain royalties and NFT/IP onchain license consent management to protect artists and collectors. The EIP-4910 technology works. Happy to collaborate to implement on your platforms.
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@rothken
Ira Rothken
6 years
The new EU copyright rules will likely chill internet startups and small online businesses that don’t have or can’t afford the technical infrastructure to strictly comply
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@rothken
Ira Rothken
8 years
I just did an interview with CNBC in the @KimDotcom case
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@rothken
Ira Rothken
10 years
Megaupload & @KimDotcom File a Motion to Dismiss US Copyright Claims "Figments of the Govt's Boundless Imagination" http://t.co/9SlFBNZ3KH
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@rothken
Ira Rothken
3 years
Rest In Peace my friend @jin_diesel you made the world a better place by bringing the best out of people. Jin Yu, Clubhouse Influencer, Dies of COVID Complications: 'Heart Is Shattered,' Says Sister
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@rothken
Ira Rothken
2 years
The SEC action against Coinbase employees alleges: 1. the crypto is (unlicensed) securities on the platform & 2. defendants’ tips on “confidential” new crypto listings is “insider trading” If 1 is adjudicated isn’t Coinbase really the target with downside & no ability to argue?
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@rothken
Ira Rothken
10 years
We believe the US misled HK authorities into freezing Megaupload's assets background info @cfarivar @KimDotcom http://t.co/8nrp7iLzpN
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@rothken
Ira Rothken
2 years
I was driving along in NYC and saw this ⁦ @all_smilesss ⁩ - I look forward to seeing what’s next in the ⁦ @NFT_NYC ⁩ rollouts.
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@rothken
Ira Rothken
2 years
@beeple Our team built “on-chain” royalties into our new NFT EIP-4910 standard. Cutting out NFT royalties on secondary sales will become harder in the future.
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@rothken
Ira Rothken
2 years
AI systems will be used as “anti infringement” song output devices one should be able to prompt “provide lyrics to a love song in the style of [famous musician] about [fill in] but avoid using strings of four or more words from any of their songs.” The user takes responsibility.
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