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Dapper Labs Addresses NBA Top Shot Lawsuit Ruling

Dapper Labs responds to court ruling in NBA Top Shot lawsuit, affirming Moments as unique NFTs and not securities.
Published on 2023-02-23

Court Ruling on NBA Top Shot

Dapper Labs is actively responding to a recent court ruling regarding their NBA Top Shot Moments, emphasizing that these digital collectibles are not securities but unique NFT trading cards. The court denied a motion to dismiss the complaint in the Friel v. Dapper Labs case, describing it as a "close call." This decision is not a final judgment on the case's merits, and Dapper Labs remains confident in their legal position.

Moments as Digital Collectibles

Dapper Labs argues that Moments, like traditional basketball cards, are consumer goods and do not qualify as securities under federal law. These NFTs are unique, non-fungible, and do not confer rights to any underlying financial asset. Dapper Labs maintains that Moments are digital collectibles rather than financial instruments, distinguishing them from securities.

Commitment to Compliance

The company is eager to defend its stance in court, emphasizing a commitment to compliance and consumer protection. Dapper Labs is dedicated to creating secure digital ecosystems that adhere to laws and regulations across all jurisdictions. They prioritize ensuring that their operations align with legal standards, reinforcing their commitment to a safe digital marketplace.

Community Reactions and Legal Perspectives

Social media discussions highlight varying opinions on the ruling, with some referencing the Howey Test, which evaluates whether a transaction constitutes an investment contract. Legal experts note that the marketing and sale of NFTs are crucial factors under this test, not just the product's features.

Dapper Labs continues to engage with the community and legal experts as the case progresses, focusing on the unique nature of their NFT offerings and their dedication to regulatory compliance.

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