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Comment by pbhjpbhj | Hacker News Reader

But not intrinsically, if it was stolen then you could just use the image to mint a new NFT, declare the other one as stolen -- maybe make an affidavit, or use some legal instrument -- then you've "unstolen" it. They're choosing to consider it as non-fungible, continuing that choice in order to deny yourself legal use of your property is not just drinking the cool-aid but bathing in it too.

Of course this could be intentional, as others have said, it furthers the narrative that NFTs are genuinely non-fungible.

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What's even more amazing is that the person in possession of it would have to identify themselves to bring an infringement claim...

At which point they're open to theft charges.

Bathing in kool aid indeed.

They could construct a sale transaction to themselves, which leads to the charge being mere possession of stolen property. Of course, if the recipient of the property had no knowledge that it was stolen, and just thought they were getting a good deal, I'm not sure a crime would have been committed at all.

That would also result in the return of the property to the original owner once identified.

Maybe no one gets prosecuted if they’re clever, but they would be compelled to return it (or then face possession of stolen property charges and contempt of court)

> not just drinking the cool-aid but bathing in it too.

It's a sticky situation. If they don't pretend they've lost the copyright by losing the NFT, then the NFT is demystified and no longer has value. Since the value of this particular copyright is almost entirely derived from the perception of NFTs being special, the NFT being demystified means they lose out anyway.

It's like you have a Picasso and all your friends are very impressed. Then somebody steals it, and to get it back means going to the police and inevitably admitting that it was never a real Picasso in the first place. So either way, you've lost. So instead you don't go to the police, never admit it was fake in the first place, and instead hope that it will be returned to you through some extrajudicial means that won't necessitate an admission of fakery.

Bathing in Kool-Aid is a great line. Hope you don't mind if I steal it.

Do one better.

Mint it.

It's completely fungible, theft is impossible! ;o)

Touche!

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