current position：Home>In depth interpretation of the proposal on preventing NFT related financial risks
In depth interpretation of the proposal on preventing NFT related financial risks
Computational power theory
Undeniable? ,NFT It is the hottest and most “ mysterious ” The field of , Named by Collins Dictionary 2021 Vocabulary of the year , Continue to attract public attention .
NFT After the wind blows home , As a digital collection , Deeply fashionable 、 literature 、 Sports and entertainment 、 Welcome from all walks of life such as new retail , Become a kind of “ New trend piece ”, last year 2021 year , All kinds of digital collections are sold on major sale platforms in the Chinese market （NFT） about 456 copies , The total value exceeds 1.5 Billion . tencent 、 Ali 、 Jingdong and other domestic Internet enterprises have made great efforts to layout NFT Digital collection track , Launch digital collection platform , Such as Tencent's magic core 、 Ali's whale detective .
Even the national team cannot escape “ It's delicious ” The scene . Today, 4 month 24 Japan “ China space day ” same day , The world's first monthly digital collection was officially released , To pay tribute to China's Aerospace , It can be seen that the popularity effect of digital collections is sweeping the whole people .
In addition to the rapid momentum , It is also a breeding ground for potential risks ” hotbed ”,4 month 1 Japan , Jay Chou wrote on social media that , The boring ape it holds BAYC#3738 NFT Stolen , Loss exceeds 300 Thousands of yuan . This case is blessed by the star effect , Again put NFT The problem of safety has been brought to the public view ,“ mysterious ” Of NFT It has to be “ Clarity ” The regulation of government , Regulation is imminent .
4 month 13 Japan , Chinese Finance Association of Internet 、 China Banking Association 、 China Securities Association jointly issued “ On Prevention NFT Initiatives related to financial risks ”（ hereinafter referred to as “ Initiative ”）. In the face of official regulatory initiatives , What signals are released ？ We can also see which regulatory directions ？ This article interviewed Geng Yu NFT PCCW, which has been in the field for a long time ( Shanghai ) Lawyer Liu Lei and lawyer Xiao Sa of the law firm , bring 《 Initiative 》 First hand interpretation of .
《 Initiative 》 What are the key regulatory points revealed in ？
since 2021 Since then , China's digital collection （NFT） The market continues to heat up , Digital collections are an emerging technology based on blockchain technology , For the cultural industry IP Play a huge role in promoting , But in the heat , tort 、 Chaos such as speculation and illegal fund-raising began to emerge .
One 、NFT The ownership relationship needs to be clarified , The problem of intellectual property infringement is “ Heavy disaster area ”
Lawyer Xiao told the author ： At this stage , And digital collections （NFT） The relevant legal risks are mainly reflected in civil 、 Administration 、 Criminal aspects .NFT The civil tort liability that may arise in the activity is mainly concentrated in copyright infringement ; In carrying out blockchain technical services , Blockchain information service providers make use of blockchain technology , In circulation 、 Selling digital art （NFT） In the process of , In case of violation 《 Block chain information service management requirements 》 And other administrative laws and regulations , If the service is not filed through the national network information office in accordance with the regulations 、 Failure to submit safety self-assessment report regularly 、 Failure to set up claim channels as required , Will be subject to corresponding administrative penalties ; Besides , From the digital collection （NFT） Suspected illegal business activities from business activities , For example, using NFT The technical features 、 Money laundering activities carried out by legal attributes 、 Online gambling activities, etc . Just 《 On Prevention NFT Related financial risk initiatives 》 For the second proposal ,NFT If linked to financial assets and sold, the ultimate red line is 《 The criminal law 》 The first 174 The crime of establishing a financial institution without authorization mentioned in article 、 The first 179 The unauthorized issuance of shares referred to in article 、 company 、 Corporate bond crime .
And specifically to digital collections （NFT） Issuer , Lawyer Liu also reminded , The platform is releasing digital collections （NFT） We should pay attention to ：
1. Intellectual property infringement . The issuer is issuing the corresponding NFT Before , You should get an authorization .
2. Group criminal risk caused by currency theft . Recently, slow fog technology announced a method that hackers implant Trojans in Browser Bookmarks , Steal the project party discord Account and password , Then release the phishing link to steal money , If the user steals the currency, it is possible to recover the responsibility from the issuer .
3. Data protection and information leakage . If because of the fault of the issuer , It leads to the leakage of user information , Maybe because of a violation of 《 Personal information protection law 》 even to the extent that 《 Data security law 》 Subject to administrative penalty .
Two 、 prohibit “ Change concept ”, weaken NFT In a disguised form ICO
NFT Full name ：Non-Fungible Token, Heterogeneous token , Even if you enter the Chinese market , Its non homogeneity remains unchanged , Some existing digital collections in the market , It has weakened or even changed the non homogeneity of digital collections , Make it essentially a financial product . Because of this , It is clear in the initiative that ： Do not weaken by dividing ownership or batch creation NFT Non homogenization characteristics , Carry out token issuance financing in a disguised form （ICO）. Lawyer Xiao believes that ： The focus of the initiative itself is “ Carry out token issuance financing in a disguised form ”. In other words , What the policy resists is the behavior of issuing and financing tokens in a disguised form , and “ Weaken by dividing ownership or batch creation NFT Non homogenization characteristics ” The statement is only for token issuance financing （ICO） A typical model of . And from the digital collection （NFT） From the angle of , Lawyer Liu said Franctional As an example, tell the author ： Due to part NFT The individual price is higher , But after dismantling the shares , Consumers can buy one for very little money NFT Part of the permissions for , This behavior seems to improve NFT Product liquidity , But in essence, there is a high probability that this approach will weaken NFT Non homogeneity of , Put it FT turn , To some extent, it may violate 《 Implementation opinions of the general office of the State Council on cleaning up and rectifying various trading places 》 About China “ Trading places and their branches shall not split any equity into equal shares for public offering ” The provisions of the .
3、 ... and 、“NFT De financialization at the bottom , Cannot be linked to virtual currency ” Become a regulatory consensus
NFT As a new track in the field of meta universe , The legal issues involved are diversification 、 Multidimensional . In the environment of data compliance in China , About NFT（ Digital collection ） The question of what role to play in the law , Both lawyers gave a unanimous view ： namely NFT It is essentially a kind of equity Certificate .4 month 20 Japan , China's first case of infringement dispute over digital collections was publicly tried in Hangzhou Internet court according to law , Lawyer Xiao believes that ： The case not only defines the duty of care of the operator of the digital collection trading platform in advance , It also defines the legal nature of digital collections , namely NFT It is a kind of equity certificate . With the popularization of the concept of meta universe and the maturity of its supporting technology ,NFT The market is bound to usher in rapid growth , meanwhile , because NFT The good and bad of the market are intermingled , Various negative cases will also emerge one after another , Some practitioners have also noticed the risks it brings , For example, Lawyer Liu talked about a recent case in the overseas market ： The U.S. Department of justice released a report last month NFT The project party is suspected of fraud 、 A criminal case of money laundering , Two 20 Year old young people issued NFT project , adopt Twitter、Discord After publicity , On sale 4 Hours NFT The work is all set , However, the official website of the project was shut down in less than a day , The project side directly transferred the raised millions of dollars of virtual currency to multiple wallets to run away . So whether as a consumer 、 Issuer or law making and policy regulatory authorities , Should be dialectical 、 Take a cautious view of NFT market . Lawyer Liu concluded ： The initiative of the three associations , it In essence, it doesn't give NFT The market establishes a new regulatory framework , But it has given several very clear regulatory directions and consensus .
《 Initiative 》 It is proposed that “ be not in NFT The underlying commodity contains Securities 、 insurance 、 credit 、 Precious metals and other financial assets , Issuing and trading financial products in a disguised form ”. Its main meaning is to emphasize NFT Our market can develop , But to De financializing 、 Cannot be linked to virtual currency . This is because NFT The market has been pushed to a climax since the second half of last year , First quarter of this year NFT The market turnover of has exceeded that of last year , It will continue to rise in the future , The expansion of the market has led to some problems in China NFT In the name of fraud , Regulators have been concerned about the disadvantages of the market , So I began to propose to be careful NFT Market risk .
Four 、 Consumers buy NFT Digital collections , What homework needs to be done ？
Digital collection distribution and secondary market , Mismanagement 、 Illegal hype 、 Fraud and other incidents are common , Take the only art platform as an example , For swallowing money 、 Can't withdraw 、 Problems such as no delivery or refund are frequently complained by consumers , On black cat complaint platform , near 30 The number of complaints per day reached 700 More than one . This requires consumers not only to do their homework on the collection itself , and , For the qualification of trading platform 、 Trading partner 、 Think twice before you trade . In addition to what is mentioned in the initiative, consumers are buying digital collections （NFT） Is what you enjoy The right to know , Options and fair dealing . Lawyer Xiao also added to the author ： Consumers are buying NFT after , You get the NFT The ownership of the , however NFT The holder has no other rights to the work . This includes rights provided under copyright law , For example, the right to communicate to the public ( In other words , Provide assets to the world ), Or the right to adapt or reproduce . Owning a painting doesn't mean you have the right to display it in public . If someone copies the image in the painting without permission , Consumers have no right to sue for copyright infringement .
In addition to clarifying their own rights and interests , Buying digital collections （NFT） when , Both lawyers suggested ： Consumers must understand the corresponding laws and regulations and platform qualification , If you buy from a domestic platform NFT And encounter legal problems , Complaints can be made to the market supervision authority and the consumer protection association , In case of fraud ,NFT Theft , Report the case to the public security organ , Civil disputes can also be brought to the people's court .
Three associations 《 Initiative 》 Under the
Qualitative and future trend of digital collections
《 Initiative 》 The beginning is NFT The development of the industry has been summarized ：
“NFT As an innovative application of blockchain Technology , In enriching the digital economy model 、 Promoting the development of cultural and creative industries shows certain potential value .”
It is also indicated later that “ Standardize the application of blockchain technology , Develop NFT Promoting industrial digitization 、 The positive role of digital industrialization ……. Protect the intellectual property rights of the underlying goods , Support genuine digital cultural and creative works .”
These two paragraphs affirm... From the perspective of function NFT In industry digitization 、 The positive role of digital industrialization , Also recognized NFT Potential value in promoting cultural and creative industries , From this perspective , This 《 Initiative 》 Yes NFT The development of the industry has revealed positive signals , To some extent, it also gives the industry a certain “ A sense of security ”.
This “ A sense of security ” Where does the value support come from ？
Lawyer Liu Lei believes that ：“ Existence is reason ”, Hot is not out of thin air , In our country NFT Digital collections have their own value , Mainly in three aspects ：：
1. Digital content capitalization ： Any asset with unique characteristics can be cast into NFT, Increased its collection value .
2. Traditional cultural and creative NFT Can help build culture IP, Bring traditional culture back into public view .
3. Intellectual property protection ： because NFT Rely on blockchain technology to ensure the uniqueness of assets , Authenticity and permanence , It can effectively solve the problem of confirming rights , Provide new ideas for intellectual property protection .
according to an uncompleted statistic , The domestic NFT The platform has more than 200 home , Compared with NFT At the beginning of the rise of digital collections, several companies dominated , Now it is obvious that a hundred flowers are in full bloom , There are also more and more well-known IP And institutions NFT. From Marvel 、 Ice mound 、CBA、 Dunhuang to the Asian Games torch , What consumers love NFT Products promote the prosperity of digital cultural innovation and the rise of national tide , Lawyer Liu Lei stressed ： On this key node ,《 Initiative 》 The release of “ Profound intention ”, Because I'm optimistic about , Should be eliminated as soon as possible “ The focus ”, With “ rules ” The way to escort NFT The long-term rational development of digital collections in China .
author[Yaohua],Please bring the original link to reprint, thank you.
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