I don’t either, given that
> writing anything else on a given blockchain only guarantees that this something else is written on this given blockchain, and if you don't have any external authority that can make it true (for example, the justice system to which you can go if the person to whom you have paid for a piece of land do not deliver) it has absolutely no value.
Thus,
> you don't need a blockchain. You just need a database.
I have come to the same conclusion as you. Perhaps leashless aka ‘once in a generation transformative intelligence guy’ (his own words[0]) can tell us why we’re wrong.
[0] https://twitter.com/molly0xFFF/status/1516610542588284931?s=...
https://www.judiciary.uk/wp-content/uploads/2022/02/Speech-M...
That’s from the UK head of civil justice. Read points six through nine.
Then https://medium.com/humanizing-the-singularity/the-best-of-bo...
Which explains how we get real world facts on to the blockchain in an economically secure way.
No, you cannot do this with a database.
Bear in mind I’m also http://myhopeforthe.world and http://guptaoption.com/2.long_peace.php and several other projects.
I’m spread thin across a surprising variety of fields working on problems that to most people look disconnected, but to me look like aspects of the same thing.
https://medium.com/humanizing-the-singularity/by-the-end-of-...
This is what I wrote the morning we launched Ethereum.
My mind is not particularly deep, but it is exceedingly wide. If you can find my equal in this regard let me know. I should like to meet them.
What I’m putting together is the technology platform to take the edge off the global humanitarian clusterfuck which is coming when the international refugee system collapses under the weight of climate refugees.
* blockchains and legal contracts get us aid transparency - if we can track the underlying physical assets say with 2D barcodes.
* correctly deployed insurance gets us biometrics without centralised databases. (Guptaoption.com/cheapid)
* unconventional approaches to civilian military cooperation are required to roll out aid on this scale https://web.archive.org/web/20120127093132/http://science.do...
Yes that is an archived version of an official DoD blog post about me.
* I worked for these folks for years https://akvo.org/wash-and-water-quality-data-solutions/ which is how we figure out where the food and water etc. are
I’m mapping and prototyping the systems for keeping hundreds of millions of people alive when the shit finally hits the fan on climate change.
Two molecules thick over a territory the size of a university.
You either see it or you don’t, but what I’m knitting together here is the only remotely viable global plan for managing the worse aspects of the humanitarian damage we are going to take from climate change.
I didn’t say “once in a generation transformative intelligence” lightly. This is about half of the shit that I’ve done in the last 20 years.
I started working flat out on this knowing it would take 30 years or more to develop in 2002.
Do you remember worrying about climate change in 2003? Do you remember how insignificant it looked? A little respect, please.
Shit has to get done. Something bad is coming.
Anyway, I decided to go straight to the source and look at the report that Sir Vos is referencing in his speech. You can read it here: https://cms.lawtechuk.io/uploads/report_smarter_contracts.pd...
Most of the uses of blockchain cited are not Web3, but examples where a private blockchain has been used in place of a traditional database. Notably, there are no examples of 'smart contracts' replacing legal contracts; there are references to e-signatures replacing paper ones, but that's not a blockchain technology.
I've gone through each chapter in the report and looked at three things: one, whether any of the examples cited use blockchain at all; two, whether that blockchain is actually doing something that couldn't be accomplished without blockchain and three, whether it's actually the type of blockchain that is part of the Web3 ecosystem (i.e. permissionless and public). The results do not actually look great for the narrative you're trying to promote, Mr Gupta.
Electronic signatures
This is not a blockchain technology. Next.
Contract automation and management
The chapter summary says: "They may apply blockchain and smart legal contract technology, depending on user requirements." However, not one of the six case studies described in this chapter actually use blockchain. They use electronic signatures on legal documents that are stored in traditional databases. So, while the chapter summary makes a passing mention that some of these platforms can use blockchain if the user requires it for some reason, they haven't been able to find an example where the user actually required blockchain.
Financial services
This chapter looks at the Aurora platform created by Nivaura. A few interesting quotes:
"Nivaura established a digital framework for the use of smart legal contracts in the creation and management of tokenised financial instruments. MIFID and CASS compliance was required to be able to custody money and assets, create stablecoins and tokenised assets, and issue instruments. When conducting these transactions, Nivaura identified that, although the use of blockchain can deliver improvements in respect of clearing and settlement activities, much of the inefficiency in the process occurs before the settlement system is needed - in the structuring and execution of the transactions."
"Nivaura decided to focus on building a foundation within the Aurora platform: developing the technology to generate the documentation and the transaction workflows first, while remaining agnostic to where the instrument is created and managed; in other words, combining traditional methods with the potential use of blockchain technology."
"integrates seamlessly with other platforms through APIs or decentralised blockchain infrastructure using the open specification Aurora protocol"
"the Aurora platform offers the ability to push the data into a blockchain based infrastructure to execute tokenised transactions both traditionally through the clearing systems, as well as through blockchain infrastructure"
Of the three case studies, only one involves the use of a blockchain. This was Santander's September 2019 issuance of a $20M bond on Ethereum. What the report didn't mention is that this bond was redeemed early in December 2019, and Santander since haven't done anything else on Ethereum. Essentially, it was a proof of concept that they did one time and then didn't touch again.
So Aurora is essentially a 'you can connect it to blockchain if you really want to' platform, but there are scant examples of anyone actually needing or wanting to do so.
Insurance
This chapter concerns parametric insurance contracts. Again, it is mostly not about blockchain, but one bullet point does state: "Blockchain technology may enhance the operations of contracts when buyers, sellers, and other stakeholders seek to share data and computational resources across a distributed network, enabling access to verified data at the same time."
The blockchain in this case would be private, not a permissionless public ledger - so not Web3. And there really is no reason to use blockchain for that kind of distributed network, they can just use a private cloud and digital signatures.
Renewable energy
This chapter opens with: "Blockchain technology-based smart legal contracts underpin ‘microgrids’, which enable peer-to-peer and peer-to-grid trading of small amounts of renewable electricity."
It provides three case studies, each one of which uses a private, permissoned blockchain - so again, not Web3. And again, blockchain isn't even necessary for this use case and I don't see what it adds over just using a traditional database.
Trade
The first part of this chapter looks at electronic trade documents, not a blockchain technology.
The second part looks at supply chains: "Supply chains are one of the most promising use cases for digitalisation and blockchain technology, which are already addressing previously unsolvable problems and are a key component of the future of digital trade"
I'm skeptical of this claim - it just seems like another example of using blockchain for the sake of using blockchain. But regardless, the three examples (TradeLens, Provenance and Chainvine) all use private, permissioned blockchains. So again - not Web3, not Ethereum, not cryptocurrency.
Sale of goods and services
Is this a chapter about cryptocurrency transactions? No, it's about DocuSign CLM. Not a blockchain technology.
Logistics and transportation
This chapter is about Amazon Quantum Ledger Database. A private, permissioned blockchain (although Amazon prefers to call it a 'ledger database' in which 'changes are chained together as blocks' - rather telling that they don't even want to touch the word). So yet again: a database that is part-blockchain, sure... but it's not Web3.
Digital representation and ownership of physical assets
This chapter is about Mattereum, a company that ties NFTs to legal contracts called the Matterium Asset Passport. Essentially, since you can't actually change the legal ownership of physical goods solely by trading NFTs, the sale is instead facilitated by the Matterium Asset Passport, which uses a private dispute resolution mechanism instead of the courts in 170 countries that allow for this. An interesting system... if it weren't BS that nobody needs. Because you could do this with digital signatures on legal contracts without involving NFT marketplaces at all. They've made it possible to do a thing with NFTs that people have been doing without NFTs for decades. Another instance of the technology looking for the use case, rather than the use case requiring the technology.
Sport sponsorship
This chapter describes Hunit, which uses digital legal contracts (not smart contracts) for which the signatures are stored on a private, permissioned ledger. Again, not Web3 (noticing a pattern here?) and again just seems to be another case of using blockchain for the sake of using blockchain.
Home buying and selling
Is this a chapter about selling your home as an NFT? No, it's another chapter about the digitisation of legal contracts and signatures. Again there are a few examples here of a private permissioned blockchain being used for data storage, but yet again in all of these cases any form of secure distributed database could be used and blockchain isn't necessary - and regardless, yet again, it's not the type of blockchain that's Web3.
Digital Company
This chapter looks at The Digital Company project, which is mostly about the digitisation of legal contracts and signatures. As in the previous chapter, a private permissioned blockchain is used in place as a database but yet again it appears to be an example of blockchain being used simply for the sake of using blockchain - and yet again, not the type of blockchain that's Web3.
1) it takes four months on average to transfer real estate in the UK. It’s about the same in most other counties.
2) with our system that is reduced to one KYCAMLCTF/source of funds check, and an atomic swap on Ethereum.
Two days and most, and instant if you pre-clear the money.
3) getter a property legally ready for that transaction takes some time of course, but that work is mostly reused in subsequent transactions.
4) this is of most utility to large property companies not invisible house buyers. Developers and REITs for example.
5) no, you cannot do this with a database, a database can’t clear a $1.2m payment in real-time or create legally binding digital signatures on electronic versions of paper contracts, at least not without a vast amount of middleware. It’s a real blockchain use case.
Right now there is no meaningful electronic trading venue for real estate. The closest you get is listed REIT stock on stock exchanges.
Roughly three trillion of transactions a year for real estate. It’s a worthy market.
Not, I think you’ll find, a solution looking for a problem. A very large market indeed which has so far not found an electronic trading system that suits its operational and commercial needs.
As MICA in the EU and other similar legislation around the world clear out the pirate finance people the blockchain will simply normalise as a standard technology for doing transactions. If we also see central bank digital currency — it seems certain in at least some jurisdictions - that removes another set of uncertainties.
The UK Law Commission recently published a 550 page consultation document on digital assets in the UK. As that rolls into legislation the grey area will evaporate and we would expect mass adoption for B2B use cases to begin.
That’s certainly the government’s intention.
Yes there are a lot of naive grifters in the blockchain space. There are also a lot of world class technologists and lawyers. There are people breaking the law, or breaking laws which should exist! And there are people creating the enabling legislation.
Because you’ve been listening to propaganda not thinking for yourself, you have pre-judged the situation without understanding what the legislative agenda from the larger governments will enable. And I don’t mean USA here, that’s just a mess, but the world is bigger than just America.
2) By KYCAMLCTF/source of funds, I'm assuming you're referring to what happens when someone buys ETH on an exchange? The problem is that only covers trading on the exchange. Once it leaves the exchange it leaves that regulatory environment, and it becomes impossible to prevent things like wash trading in NFT marketplaces. Are you really trying to tell me that exposing the property market to that is a good idea?
3) What you're actually saying here is that what Mattereum does isn't actually equivalent to conveyancing. In order to make doing this with NFTs work, you've created an inferior legal framework to actual property law, based solely around contract and arbitration law, that you expect people to use instead. The trade of the NFT is faster than conveyancing, not because it's doing the same thing more efficiently, but because it's not actually doing the same thing at all.
4) Large property companies will want actual conveyancing, not your substitute for it. They also don't want to trade property like NFTs. They'll be pleased about digital contract solutions that streamline the process of actual conveyancing.
5) A database can clear a $1.2m payment in real time. In the UK we have near-instant, free bank transfers with a limit of £1 million per transaction - to send more it can just be split into multiple transactions. Neither a database NOR a blockchain can create legally binding signatures on e-contracts without middleware like DocuSign or Adobe Sign. For electronic conveyancing, the answer is to... just use that middleware, it's fine. Transfer of an NFT does not count as a legally binding signature (isn't that the whole reason Mattereum exists)?
"Right now there is no meaningful electronic trading venue for real estate." Maybe - here's an idea - property shouldn't actually be traded like NFTs are? Maybe property law isn't just useless red tape and it exists for a reason? Maybe high frequency trading of property on a pseudonymous marketplace is actually NOT a good idea?
Speaking of Mattereum, I note the article on your website from April 16 2023 claiming that you have tokenised a "prime beach-front property on England’s south coast". Although the article uses a stock image of a building, the property is actually just a land parcel. Just curious, why was the NFT burned and recreated four months ago? It wasn't because the property sold. Why is it only now possible to buy the NFT by emailing Tokenised Properties to be added to a whitelist? Doesn't that rather defeat the purpose of what you're trying to do?
"DISCLAIMER: The land is sold as is without any planning permission. Images are for reference only for possible uses. Buyers are to make their own investigations and due diligence." Hmm, an empty plot of land with no planning permission... not exactly a house, is it?
"[...] the required searches, title deed and reference media for due diligence are displayed accurately and transparently so that the NFT purchaser can sell on the property without the next purchaser needing to go through the process all over again. What the NFT purchaser gets for their money is an interest in the property. If they wish to take full ownership of the property itself, they simply pay an extra pound, and full legal title is transferred to them, they can then do as they wish with the property and the NFT is burned."
Wait, one moment it's a property, the next it's just an interest in the property? What is your NFT actually adding here? If they take full ownership of the property, say, to build something on the land and sell it on, they're actually going to have to start that whole process over again, right?
I see absolutely no upside to tokenising property interests as NFTs and plenty of downsides, such as the potential for market manipulation, scams and thefts. Which is probably why the Smarter Contracts report focused instead on technological developments to fully digitise the traditional conveyancing process that already exists under property law.
But you've hitched your wagon to public permissionless blockchain ledgers like Ethereum and marketplaces for trading NFTs, so you have a vested interested in convincing us that this is the proper technology for the use case. Yeah, there are a lot of naïve grifters in the blockchain space - and you're one of them.
People have said things like this about every new technology -- both the successes and the failures. Will it succeed or fail? We shall see -- I think the former, you think the latter, that's fine: you have no skin in the game and are entitled to your opinion.
But here's the bottom line: there's no electronic trading system for real estate right now, other than things like REIT equity on exchanges.
So whoever cracks that wins big. Is that a reasonable risk for a commercial enterprise to take?
Absolutely.
Is the first one done the same as the five thousandth one? No, we'll learn, improve, refine. We'll build commercial infrastructure and commercial partnerships.
But the prize is large enough to do some actual work on, because if we're right, we wind up winning big.
If the legals are a little confusing, I suggest going over it with a lawyer, assuming you aren't one!
Yes, but the reason for this is not because it would be impossible to implement with existing technology. There's absolutely no reason that you couldn't set up a traditional database to do that. The reason for this is that there's actually a lack of demand for a system that would allow individual properties to be day traded like individual stocks.
Seriously, who the fuck looks at day trading and thinks "wouldn't it be great if we could do this with houses?" And on top of that, proposes a system in which it would be totally pseudonymous? lol, lmao.
I suggest that you seriously reassess your business model if you're counting on people using Mattereum for houses.
I'm not a lawyer but I've read the Smarter Contracts report from LawtechUK - you know, the one Sir Vos was citing - and it lays out quite clearly how technology is going to streamline the process of conveyancing. This is what's actually needed, not trading property like NFTs.
Everything is equivalent to a Turing machine.
The question is costs.
"clearly how technology is going to streamline the process of conveyancing. This is what's actually needed, not trading property like NFTs"
These statements say the same thing: a perfectly efficient conveyancing process is seamless, so the property can change hands like an NFT. An atomic swap with cash in one direction and the title etc. in the other.
At which point, we just use an NFT.
Have a nice day.
Transfer the NFT? O.k, what happens if the wrong NFT is transferred and the person refuses to give it back?
What happens if someone hacks your wallet and steals your apes and your house. Do you have to move out?
What happens if the wrong data gets entered and an apartment block has one less floor of apartments than actually exists?
What is your blockchain solution to the boring everyday errors and fraud that occur in real life?
Here`s the problem. My shiftless nephew put a key logger on my computer and transferred my house NFT to his own wallet. Now he`s claiming I gave it to him and is aiming to sell it. Walk me through the process resolving this, step by step. .
Conveyancing includes checks to comply with property law. Trading an NFT doesn't.
Have a nice day.
P.S.: You've already admitted on the Mattererum website that the NFT isn't actually legal ownership of the property itself, but an interest in the property, and an extra step is still required to convert that into legal ownership.
If you wanted to build digital a marketplace for property interests to be speculated on like NFTs with a traditional database you could - and no, it wouldn't be more expensive. It's not been done because the demand isn't there.
You are a little behind the times on the status of digital signatures, smart contracts etc.
Our project The Law Commission was asked by the Lord Chancellor to include work on smart legal contracts as part of our Thirteenth Programme of Law Reform. In November 2019, the UK Jurisdiction Taskforce (“UKJT”) published its legal statement on cryptoassets and smart contracts. The UKJT Legal Statement concluded that, in principle, smart contracts are capable of giving rise to binding legal obligations, enforceable in accordance with their terms.
Following this, the Ministry of Justice asked us to undertake a detailed analysis of the current law as it applies to smart legal contracts, highlighting any uncertainties or gaps, and identifying such further work as may be required now or in the future.
Advice to Government We published our advice to Government on smart legal contracts on 25 November 2021. It was informed by the detailed responses we received to the call for evidence, published in December 2020.
We have concluded that the current legal framework in England and Wales is clearly able to facilitate and support the use of smart legal contracts, without the need for statutory law reform.
All the Law Commission essentially said is that there doesn't need to be any new legislation created for the courts to be able to deal with what they call 'smart legal contracts'.
In their summary report the Law Commission also said: "Solely code smart legal contracts are likely to be rare in practice, given that commercial contracts are typically too nuanced to be reduced solely to code."
Their definition of a 'smart legal contract' includes traditional natural language contracts in which the implementation of some of the aspects is automated by code.
Note also that in this context, 'code' is not confined to 'smart contracts' on blockchains. A web server that automates some contractual activities by connecting with an API, for example, would count as part of a 'smart legal contract' by the definition that the Law Commission is using here.
I'm not sure what point you're actually trying to make by linking me to this Law Commission report. Maybe my brain is just not wide enough / too deep to understand? But if you're trying to convince me that the Law Commission said that we're increasingly going to be using blockchain smart contracts for things, you're seriously misrepresenting the conclusions of their paper.
You're building a casino, and on the inside, you're selling plots on the moon and names in a star registry.
You can actually read the legal contracts which make that happen at mattereum.com/land — go over it with a lawyer, they’ll explain how it works.
It’s straight forward contract law. The property has to be in an SPC (special purpose vehicle) but that’s standard for all commercial real estate and quite a bit of high end residential.
It’s just a lot of lawyering. It actually works.
Having the data on chain doesn’t really help anything. All that matters is who the authority choose to see as the owner. They may as well operate the registry as they can choose to ignore it if they wish.
https://www.judiciary.uk/wp-content/uploads/2022/02/Speech-M... -- head of civil justice for the UK discusses smart contracts and commerce.
Read points six through ten here. This is entirely the point: having the data and contracts on chain is hugely important. If you don't understand this, you don't understand critical features about how everything really works.
It hits different coming from people that handle the legal frameworks for trillions of dollars of transactions, you know?
If that's how you see the world, me going point by point is not going to change your fundamental "but only 5000 people have email accounts."
Here's 550 pages of the UK Law Commission (govt legal think tank) discussing how to integrate digital assets into UK law.
https://www.lawcom.gov.uk/project/digital-assets/
Why do you think this kind of labour is going into the digital asset space?
Crypto is a massively compelling proposition to working transactional lawyers at all levels of seniority but it's especially compelling to the most senior. They know their business. As do I.
Decades of experience doing real world transactions makes the utility of the blockchain obvious. To people without that experience, maybe the point is harder to see?
But the serious types get it. That's the lived experience in the field.
Sunk cost fallacy, libertarian ideology, the fact it's become a cult of prosperity for the tech class and the fact that to argue against it meaningfully you have to have a strong understanding of finance, technology and law. Very few people have enough expertise in all three areas to explain why it's a bad idea.
But let me ask you. Since it's been the 'internet of the early 90s' for 15 years, why isn't it the 'internet of the mid/late 2000s' yet?
Judges aren't experts in technology generally speaking, they're not experts in economics generally speaking and they obviously don't know much about blockchains.
I don't care if he's the King of England, the fact remains. Trustlessness is all-or-nothing. If the chain can become out of sync with the real world, and the real world trumps the chain, then you do not have anything other than a slow and annoying database. This is called the oracle problem, and it remains thoroughly unsolved.
Not to mention real estate on the blockchain is one of the absolute dumbest ideas to date. A bearer token representing ownership of your house, lol. You lose your keys and now someone else owns your house?! I can't wait for Kim Jong-Un to own half the midwest through the Lazarus group.
As of now, the only thing you can extend the guarantees of the blockchain to are things that are wholly and completely represented on-chain. That means basically just 'money.' Literally nothing else is a good fit with the model. And that's before touching on its sheer inefficiency.
But let's come at it the other way. If it has so much potential and we've invested billions and billions of dollars in it, why has every company that tried it given up on it? Why is it still the future, 15 years later? Plenty of ideas that first came to market back then are now the present like the iPhone. I think you and the Judge may be the ones missing something, no parent poster and I.
If you actually manage to take to market a better solution to a problem I have leveraging a blockchain, I will be the first to use it. Stop telling me it's the future and make it happen.
He's not nothing but it's not like he's one of the top 10 most senior judges in the UK or something.
He also doesn't handle the legal frameworks for trillions of dollars of transactions. I don't even know what you think "handle the legal framework" means, but it's clear you literally don't even understand his job, and you sort of ascribe some weird business structure to it.
The responder to me was right - every time someone points out a problem you make up some ethereal nonsense.
You really seem to think you are doing the right thing, or at least present that as a facade.
But you do in fact come off as a confidence grifter. Maybe change that if you want anyone to take you seriously, rather than just argue you have a big brain and people should therefore respect you.
It turns out, unsurprisingly, there are lots of big brained people around. The useful parts of what you say are not particularly insightful, and the rest is just crazy.
Have you heard of the oracle problem[1]? How are you planning to solve it for physical goods? A barcode is not the same as the stuff in the box and is trivially copied and transmitted using a smartphone without the goods going anywhere at all. And this is a much bigger issue to reliably delivering anything than which database organizations use to track the goods.
Okay, I read all of your references, and besides the whole amazing arrogance piece, you fundamentally don't understand land disputes. Also, your references don't support any of your points in a meaningful way. Points 6-9 say nothing other than "blockchain is not immature". It doesn't say "holy crap the world would be better if land was on blockchain". The referred to report doesn't say it either.
The whole thing reads like a serious case of NPD.
As a lawyer, let me try to help: Putting land records on blockchain, and even turning land into NFT's that properly transfer when NFT moves is totally meaningless.
Land disputes are, 99.9% of the time, not about a lack of records. They are about a lack of caring about what the records say, and NFT won't fix that.
For example, when US states took land from the indians, it wasn't "hey we have no records that say you own this", in fact, the opposite - not only did they have records, the courts even said "yeah the indians own this, you can't take this". The result was the state governments saying "yeah, we don't give a crap" and doing it anyway, and marching them out of the state.
This is repeated time and time again. It is incredibly rare to have a land dispute where the issue is "we have no records", or we can't prove anything.
If it was a bunch of NFT's, either it would be simply ignored (which is what happened pre-NFT's), overruled by some other chain that has more central control (IE a dictator creates his own chain and doesn't care about yours, even if everyone else does), or someone would just torture people until they transferred them. Yay, i'm glad you fixed everything.
Even if this was wrong (and it's not), the mechanics say that bona fide purchaser for value without notice take good and valid title, even against the people who had land stolen from them.
This, again, isn't due to lack of records.
The system isn't actually broken, it's behaving exactly as it is supposed to.
It just turns out that having land as NFTs or whatever doesn't change the fact that governments are sovereigns that can do what they want.
Somehow i suspect you think crypto will magically change this too - it will not. At best, it will only change how formal a government exists, and even that's crazytown. In that world, the people with the most weapons and willingness to use them make the rules. Those are the government, defacto or not.