This article makes my brain want to bleed.
I’ll say it louder one last time for the people in the back:
THERE ARE NOT ENOUGH BITS IN ANY TYPE OF NFT TO STORE ART ON THE BLOCKCHAIN. THE BEST YOU CAN DO IS A URL WEBLINK TO THE IMAGE AND AN IMAGE HASH. THAT IS FUNCTIONALLY NOT THE SAME AS STORING THE ACTUAL IMAGE ON THE BLOCKCHAIN. IF THE ORIGINAL IMAGE GETS DELETED, THE URL AND HASH ARE BOTH EFFECTIVELY USELESS.
The art is always a completely separate entity from the NFT itself. Trying to act like this is “regulating art” is just more cryptobro bullshit.
Yes, and a deed for land ownership is not the same thing as land itself. Nobody cares. That’s not the point.
Let’s assume you’re arguing in good faith here so we can understand why land deeds and URLs are completely different.
Deeds are managed by a central authority. There is an agreed-upon way(s) to view and search those deeds. There is a single authority to update or remove deeds. The items the deed refers to also are controlled by a single authority and changing them has a single process.
URLs are registered (loosely) with a central authority but the similarities end there. I can impersonate a URL on a network (even up to large chunks of the internet if I’m able to confuse DNS in a large enough attack). So just because you’ve bought the domain referenced in the blockchain and set up some name servers doesn’t mean any consumer of the blockchain or even the internet is guaranteed to hit your instance of the domain. All a URL is is a reference to something so let’s assume for a minute we can have a global reference. What’s behind it? Again, completely uncontrolled. For now it could be your NFT; what happens if I am your hosting provider and destroy your instance? Move your hardware? What’s to prevent you, the owner of the assumed global reference, to change what that uniform resource locator is actually locating?
Land deeds and URLs are not analogous. Land and the content served at a URL are not analogous. Let’s look at NFTs quickly to see if we can actually do something about this!
Since we have a single-write, read-only database, why not store the full thing in the DB? Well, first you have to agree on a representation. It has to be unchanging so we can’t use a URL. It can’t ever duplicate so realistically hashing is out (unless our hash provides a bijection which is just a fancy way of saying use the fucking object itself). Assuming we’re only talking about digital artifacts (attempting to digitize a physical asset is a form of hashing meaning we get collisions so you can’t prove ownership), we’re now in an arms race for you to register all of your assets and their serialization methods before I brute force everything. Oh and this needs to live everywhere so it can be public so you need peta-many petabyte drives. But wait! Now we’re burning the sun in power just to show you have ownership of 10 and I have ownership of 01. Fuck me that’s dumb.
The problem with what creeps like Mann are claiming comes down to the difference between “art” and buying an “interest” in art as a speculative investment. Mann conflates these two ideas, trying to bestow the wholesomeness of artistic expression with his investment business venture. I’m all in favor of getting artists paid, and structuring society in a way that encourages the production of art, but Mann wants to weaken securities regulations and consumer protections to do that. That’s a terrible idea because it will lead to many more people being conned and defrauded.
If investors were merely trying to support an artist’s work, and not seeking to profit from their investment, they wouldn’t need a securities mechanism like NFTs to do it. We already have money for that.
If a side effect of regulating NFTs as securities is to somehow damage the regular fine art marketplace, as I think Mann’s suit is warning, that is no great loss for society. The fine art market is a blight, a fraud-riddled playground for ultra wealthy douchebags to sequester wealth and does nothing to advance art or promote the creation of artworks writ large.
Mann has ridden the crypto speculative bubble and has an inflated impression of the value of his work. He’s carved out a niche as a sort of court jester for billionaires like Mark Andreesen who want to rebuild financial systems in a way that would dismantle the regulatory state and enshrine an elite class as technologically empowered feudal lords. He thinks the money is compensation for his songs, but it’s largely just a side effect of crypto bros forever trying to find a greater fool to hold the bag in a pyramid scheme. In that effort, his lawsuit is basically a marketing campaign for his investment business. I hope the court puts an end to this once and for all, but I’m not optimistic.