Am I correct in understanding your position as saying that a member of the public offering a URL without the explicit permission of site operator may not just be against the site's TOS but may be illegal?
If that's the case, then yes, I would agree that using a URL would require permission from the site operator. That would basically bring to a halt the Internet, but yes.
In the context of NFTs, it presents a real problem because they are immutable. If the NFT contains a URL that is not authorized or if the authorization is subsequently withdrawn for any reason, then the NFT is tainted but cannot be destroyed.
There's probably a start up idea around creating a catalog of tainted and untainted NFTs where regulated entities like Coinbase, OpenSea would pay to determine whether there are any claims against an NFT by a rightsholder. But, if OpenSea isn't implementing a proper DMCA process right now, they're probably an unlikely partner and there's not really a deep moat around that idea anyway.
I think that most URLs would fall under fair use - generally linked content is being explicitly commented on in the linking content. I'm curious if this has ever gone to court though and I imagine it has.
Thank you as well! It's interesting reading material.
I'd also mention that I find the current level to which trademarks and creative works gain protection to be excessive - so I don't really morally agree with how everything works today - but I do think that these parallels likely would cross over to the NFT domain in a pretty predictable way with laws as they currently are.
If that's the case, then yes, I would agree that using a URL would require permission from the site operator. That would basically bring to a halt the Internet, but yes.
In the context of NFTs, it presents a real problem because they are immutable. If the NFT contains a URL that is not authorized or if the authorization is subsequently withdrawn for any reason, then the NFT is tainted but cannot be destroyed.
There's probably a start up idea around creating a catalog of tainted and untainted NFTs where regulated entities like Coinbase, OpenSea would pay to determine whether there are any claims against an NFT by a rightsholder. But, if OpenSea isn't implementing a proper DMCA process right now, they're probably an unlikely partner and there's not really a deep moat around that idea anyway.