Nonfungible token (NFT) artist Ryder Ripps’ most recent attempt to dismiss the Bored Ape Yacht Club-related lawsuit against him appears to have fallen on skeptical ears.
In an Oct. 17 hearing, three judges from the United States Court of Appeals for the Ninth District appeared largely unpersuaded by the arguments from the attorney representing Ripps and Jeremy Cahen (known by the pseudonym “Pauly” on X), who argued the case should have been dismissed on the grounds of free speech.
Ripps and Cahen’s lawyer, WilmerHale partner Thomas Sprankling, argued the knock-off Bored Ape NFTs were sold and distributed in a way that protested the supposedly anti-semitic imagery hidden within the Yuga Labs-created collection.
He repeatedly positioned Ripps and Cahen as selling the NFTs as an avant-garde exercise that pushes the boundaries of speech and claimed Yuga’s suit should have been thrown out under a California law that aims to stop intimidatory lawsuits, known as strategic lawsuits against public participation, or SLAPP.
Sprankling told the judges that the anti-SLAPP statute is designed as a “prophylactic” — meaning that it is supposed to go “a little beyond the bounds of the First Amendment to make sure you’re not threatening people with chilling speech in litigation, as is the case that happened here.”
In their anti-SLAPP motion, the pair asserted that Yuga Labs only initiated the lawsuit against them to silence their “protest” art and drown them in legal costs.
However, the judges seemed interested only in the secondary sales of the NFTs themselves, essentially dismissing all arguments that hinged on any artistic criticism.
“He was selling the same images, on the same marketplaces, on virtually indistinguishable NFT identifiers,” said Judge Anthony Johnstone in response to Sprankling’s argument.
“I’m still not seeing it,” added Judge Morgan Christen.
Yuga Labs first filed a complaint against Ripps and Cahen in July 2022, alleging the pair made millions of dollars while engaging in trademark infringement, false advertising and unfair competition following the release of a derivative NFT collection called RR/BAYC.
While Californian District Court Judge John Walter has already held a bench trial to assess the scope of damages to be paid to Yuga Labs, he has yet to announce the case’s conclusion.
After days of furore directed at Rishi Sunak for the election betting scandal, now a Labour candidate is under investigation by the Gambling Commission for his own betting activity – and is immediately suspended.
Is this an equaliser in one of the grubbiest electoral sagas of recent elections? Quite possibly not.
There is no doubting the utter dismay in Labour HQ at the revelation that they too have a candidate caught up in the betting scandal.
However, if this scenario is as presented, it is hard to see an allegation being mounted that he had insider intelligence on the race – unless it can be proved he was deliberately setting out to lose.
An under-pressure Gambling Commission will investigate every candidate’s name on the spreadsheet from gambling companies of those who placed bets – but it is unclear from available facts where this will go.
The Tory betting saga, however, is more complicated and now on its 13th day.
It was almost two weeks ago that Craig Williams – Rishi Sunak’s closest parliamentary aide and former Montgomeryshire MP – admitted he had placed a bet on the election date – a date he might have known before the public at large.
He denies he committed any offence, and remains under investigation.
Laura Saunders, standing for the Tories just south in Bristol North West, has also been suspended for putting a bet on the date when her partner worked in Conservative headquarters on the election.
For most of that time, Mr Sunak has been insisting he could not suspend either candidate because of the ongoing probe by the Gambling Commission.
Ministers, as well as opponents, weighed in.
And on Tuesday he reversed that decision under that pressure.
This means there are questions about the prime minister’s own judgement and unwillingness to act on top of questions about the behaviour of those closest to him.
Image: Craig Williams and Laura Saunders have both been suspended from the Tories. Pics: PA/Laura Saunders for Bristol North West
This story has had massive cut through with the public, topping the charts for any news story in the UK – according to YouGov’s AI news tracker – for the last four days.
There is dismay from the cabinet downwards.
Labour’s own problems have undermined their own ability to go on the attack. But it is not clear that voters will see the two issues on the same scale.
The full list of the candidates running for Central Suffolk and North Ipswich is:
Charlie Caiger, independent; Tony Gould, Reform UK; Mike Hallatt, independent; Brett Alistair Mickelburgh, Lib Dems; Dan Pratt, Greens; Patrick Spencer, Conservatives.
The full list of candidates for Bristol North West is:
Caroline Gooch, Lib Dems; Darren Jones, Labour; Scarlett O’Connor, Reform UK; Mary Page, Green Party; Ben Smith, SDP.
The full list of candidates for Montgomeryshire and Glyndwr is:
Jeremy Brignell-Thorp, Green Party; Oliver Lewis, Reform UK; Glyn Preston, Lib Dems; Elwyn Vaughan, Plaid Cymru; Steve Witherden, Labour.
Four men have been arrested on suspicion of aggravated trespass in the grounds of the prime minister’s home, police have confirmed.
The incident took place at Rishi Sunak’s constituency address in Kirby Sigston, North Yorkshire, while he was attending events in London to mark the Japanese state visit.
A police statement said officers were “with the four men within one minute of them entering the grounds”.
The arrests are connected to a protest by campaigners from Youth Demand. It describes itself as a group of young people who want “the Tories and the Labour Party commit to a two-way arms embargo on Israel, and to stop all new oil and gas licences”.
A spokesperson for the group said three of those arrested were taking part in the demonstration, while the fourth person was an independent photographer.
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A North Yorkshire Police spokesperson said: “They were detained at around 12.40pm before being escorted off the property and arrested on suspicion of aggravated trespass.
“The men, aged 52 from London, 43 from Bolton, 21 from Manchester, and 20 from Chichester, remain in police custody for questioning and enquiries are ongoing.”
It comes after a separate incident last summer, when protesters scaled the roof of Mr Sunak’s home.
They held up banners which said “NO NEW OIL” and draped the building in fabric. It happened while the prime minister and his family were away on holiday in California.
Amy Rugg-Easey, 33, Alexandra Wilson, 32, Michael Grant, 64, and Mathieu Soete, 38, have pleaded not guilty to criminal damage, with a two-day trial set to take place in July.