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ApeFest attendees report ‘extreme pain’ and vision problems after event

Several attendees of Yuga Labs’ ApeFest event in Hong Kong reported eye pain and vision loss, claiming they were exposed to improper lighting.

Attendees of a Yuga Labs’ ApeFest event on Nov. 4 in Hong Kong have reported burns, damaged vision and “extreme pain” in their eyes, which they attribute to the use of improper lighting.

“Woke up in the middle of the night after ApeFest with so much pain in my eyes that I had to go to the hospital,” wrote one attendee, CryptoJune, in a Nov. 5 X (Twitter) post.

“Doctor told me it was due to the UV from stage lights," they added. "I go to festivals often but have never experienced this. I try to understand how it could happen… it seems like the lamps [were] not safe."

One attendee noted many of those reporting eye problems were those “up close” to the lighting display on the event's main stage.

A picture of the stage at ApeFest that some attendees reporting eye issues claim they were standing near. Source: X

Another ApeFest guest, who goes by the pseudonym Feld on X, described identical symptoms.

“Anyone else’s eyes burning from last night? Woke up at 3am with extreme pain and ended up in the ER.”

Of the hundreds of ApeFest attendees, at least 15 reports of vision damage have appeared on social media, suggesting the concerns were limited to guests who were in close proximity to the stage lighting.

Yuga Labs but did not immediately respond to a request for comment.

Hong Kong partygoers have experienced medical issues following exposure to improper UV lighting at an event before.

Related: Ryder Ripps ordered to pay Yuga Labs $1.6M in copyright lawsuit

On Oct. 20, 2017 a number of attendees at a party thrown by streetwear brand HypeBeast reported painful burns and eye damage.

It was revealed by the events’ DJ on Oct. 26 that the contractor tasked with setting up lighting at the party had used a series of Philips TUV 30W G30 T8 light bulbs — which according to Philip’s website — emit 12 watts of UV-C radiation, mainly used for disinfecting surfaces.

The reports of vision damage in both cases line up with a condition called photokeratitis, also known as “Welder’s eye.” The condition is caused by prolonged exposure to extreme levels of UV radiation, typically from artificial sources such as welding lamps but can also come from natural sunlight reflecting off bright surfaces such as snow, more commonly known as snow blindness.

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Elon Musk slams NFTs but ends up arguing the case for Bitcoin Ordinals

Elon Musk argued that NFT projects “should at least encode the JPEG in the blockchain,” to the delight of many Bitcoiners.

While publicly mocking non-fungible token (NFTs) during a podcast, Tesla CEO and billionaire Elon Musk appears to have inadvertently highlighted the case for Bitcoin Ordinals, also known as Bitcoin NFTs.

“The funny thing is the NFT is not even on the blockchain — it’s just a URL to the JPEG,” said Musk in an Oct. 31 released interview on The Joe Rogan Experience.

Musk said NFT projects should at least encode the JPEG on-chain:

“You should at least encode the JPEG in the blockchain. If the company housing the image goes out of business, you don’t have the image anymore.”

On social media, Bitcoiners argued Musk’s comments actually summed up the use case for Bitcoin Ordinals. Bitcoin’s version of NFTs launched in January by developer Casey Rodarmor, which was made possible by the Taproot soft fork in November 2021.

Cryptocurrency analyst Will Clemente was among those that praised Musk’s comments, noting there are 38 million and counting Ordinals inscriptions that will forever exist on Bitcoin’s blockchain.

“This is why Ordinals will continue to grow,” said Rohun “Frank” Vora, the creator of NFT projects DeGods and y00ts. “It's the most elegant solution to one of the most universal criticisms of NFTs.”

Ordinals developer known as “Leonidas” liked Musk’s comments so much that they inscribed the 19-second video into Bitcoin’s blockchain at block 814,773:

Video of Elon Musk inscribed on Bitcoin’s blockchain via the Ordinals protocol. Source: Ord.io

The criticisms from Musk toward NFTs aren’t new. In December 2021, he mocked NFTs as a sign of mental illness in a meme showing a patient lying on a therapist’s couch.

Musk’s comments however don’t stand true for all NFT projects on Ethereum.

For example, Larva Labs moved its Cryptopunks NFTs on-chain in August 2021 after they lived off-chain for the first four years.

“Storing them on-chain in this way would further cement the long-term survival of the Cryptopunks images and attributes, and ensure that they can be fully accessed by anyone with only an Ethereum client,” Larva Labs in the statement.

Related: Are NFT markets in a death spiral or ready for a resurgence?

Metagood, the team behind the Ethereum-native OnChainMonkeys, announced in September that it would migrate its NFTs to Bitcoin.

While the firm’s CEO Danny Yang didn’t directly address the JPEG dilemma, he explained that NFTs “will win on Bitcoin” because it is a more secure network to work from:

“The Bitcoin Ordinal protocol is better designed for decentralization and security than the Ethereum NFT protocol. High-value NFTs will win on Bitcoin.”

However, Ethereum still remains home to 84% of all NFT trading volumes, according to CoinGecko, sourcing data from June. Bitcoin and ImmutableX came in second and third with market shares of 11% and 2.5% respectively.

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Ryder Ripps ordered to pay Yuga Labs $1.6M in copyright lawsuit

The NFT artists were also ordered to cover Yuga Labs’ legal fees after determining the trademark infringement constituted an “exceptional case.”

A United States district court judge has ordered nonfungible token (NFT) artists Ryder Ripps and Jeremy Cahen to pay Bored Ape Yacht Club creator Yuga Labs a total of $1.57 million in disgorgement and damages, along with legal fees, bringing an end to the long-running “copycat” NFT lawsuit.

The Oct. 25 order follows an April 21 partial summary judgement granted in favor of Yuga Labs after the firm claimed that Ripps and Cahen, the defendants, violated copyright laws by making copycat versions of its Bored Ape Yacht Club (BAYC) collectibles.

District court Judge John Walter awarded Yuga Labs $1.37 million after concluding the NFT firm was entitled to a disgorgement of the defendants’ profits. An additional $200,000 was awarded in statutory damages relating to cybersquatting violations.

Yuga Labs has also been entitled to recover attorney fees and costs from the NFT artists after the judge determined the trademark infringement constituted an “exceptional case.”

“A trademark case is generally considered exceptional for purposes of awarding of attorneys’ fees when a party has taken positions that can be characterized as “malicious, fraudulent, deliberate or willful,” the judge noted.

Judge Walter also knocked back the defendants’ argument that the copycat BAYC versions were “satire” and “parody” — ruling that the defendants intentionally infringed Yuga’s BAYC trademarks with a bad faith intent to profit from them.

He also noted the defendants continued to market and promote their copycat BAYC versions after the partial summary judgement was delivered against them in April.

Yuga Labs filed the lawsuit against the two artists in June 2022.

In an Oct. 16 hearing in a United States appeals court, Ripps and Cahen’s lawyers tried to argue the lawsuit should be thrown out on the grounds of free speech under California’s anti-SLAPP statute. However, the three-judge panel didn’t appear persuaded by the lawyer’s arguments.

Related: NFTs aren’t dead — they’re just resting

BAYC is one of the most valuable NFT collectibles on NFT marketplace OpenSea.

BAYC collectibles currently listed on OpenSea. Source: OpenSea

Since April 2021, it has amassed 1.32 million Ether (ETH) or $2.38 billion in trading volume with an average floor price of 27.4 ETH ($49,200), according to OpenSea.

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‘I’m still not seeing it’ — Judges skeptical of Ryder Ripps’ BAYC appeal

The lawyer representing Ryder Ripps and Jeremy Cahen struggled to convince a panel of judges that Yuga Labs’ case against his clients should be thrown out under California’s anti-SLAPP statute.

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.

Related: NFT market slump shows it’s maturing toward ‘genuine utility,’ execs argue

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.

On April 21, a California District Court found that Ripps and Cahen had infringed Yuga Lab’s trademarks with their RR/BAYC NFT collection.

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.

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Nifty News: Yuga Labs scores court battle win, Mandala Metaverse to drop on Polkadot and more…

A Metaverse/AR story game is coming to Polkadot, Square Enix has made another Web3 gaming play, and an NFT esports cricket game has launched on Tezos.

Bored Ape Yacht Club (BAYC) creators Yuga Labs has scored a key win in its long-running court battle with Ryder Ripps, the co-creator of copycat NFT project RR/BAYC.

Yuga Labs initially filed a complaint against Ryder Ripps and co-founder Jeremy Cahen back in July 2022, alleging that the duo had engaged in trademark infringement, false advertising, and unfair competition, among other things.

In a pre-trial summary judgment ruling on April 21, a U.S. district court in central California found that Ripps and Cahen had infringed Yuga Lab’s trademarks with their RR/BAYC NFT collection.

The Court further ruled that Yuga Labs is entitled to an injunction and damages, the latter of which will be determined at trial.

In a message shared with Cointelegraph, a Yuga Labs spokesperson said:

"In a landmark legal victory for web3, a federal judge found that Ryder Ripps and Jermey Cahen infringed Yuga Lab’s intellectual property. This isn’t just a win for us, it’s a win for the entire web3 industry to hold scammers and counterfeiters accountable."

Ryder Ripps and Jeremy Cahen created the BAYC derivative NFT collection RR/BAYC back in May 2022 as a satire and protest against Yuga Labs. The project essentially uses all of the same imagery from the BAYC NFTs.

Copycat NFTs. Source: rrbayc.com

Ripps in particular, is behind a conspiracy theory in which he alleges that Yuga Labs purposely designed the BAYC NFT artwork to convey racist caricatures. Additionally, Ripps also asserts that the project’s logo and branding have several nods to certain Nazi symbology and language.

Mandala Metaverse to drop on Polkadot

Upcoming cross-chain augmented reality (AR) game Mandala Metaverse has chosen Polkadot parachain Astar Network to host its first major NFT drop on April 28.

Mandala Metaverse is a story-based project that has content spanning across TV, graphic novels, gaming and AR. Its gaming elements have been developed in Epic Game’s Triple-A quality Unreal Engine.

The drop is called the “Cryptonauts” and the NFTs depict different avatars that will serve as playable characters in the game. The artwork was illustrated by comic artist Bruce Zick, who has worked on projects for giants such as Disney and Marvel.

Polkadot is not necessarily a blockchain that is known for hosting gaming and NFT projects, with the network not even having any recorded sales data on aggregators such as Crypto Slam.

Regarding the decision to take the Cryptonauts NFTs to Polkadot, Mandala Metaverse CEO Jon Shanker, noted:

"Polkadot has real future-proof NFT applications, such as nesting, staking and the ability to send NFTs over bridges - plus many other innovative ways to use NFT assets. We can now do things we didn’t think were possible."

Square Enix partners with Elixir Games

Final Fantasy developers Square Enix has partnered with Web3 infrastructure firm Elixir Games to bring blockchain gaming to the mainstream.

The move was announced on April 19, however specific details on the partnership are sparse at this stage.

Elixir hosts both traditional and Web3 games on its platform, and also offers Web3 distribution features for its partnered games, such as NFTs sales and marketplaces.

As such, Square Enix will likely take advantage of those features when launching games via Elixir, something the firm has become increasingly interested in doing over the past year or so.

Related: NFT.NYC: Games and tokenization are driving NFT industry maturation

“This partnership brings us closer to Web3 gaming mass adoption. Our team is incredibly excited to bring our technology to work, and we foresee Elixir users playing Web2 and Web3 games alike without distinction,” Carlos Roldan, Elixir Games CEO, said as part of the announcement, adding that:

“2023 has already seen more industry leaders enter the space with impactful projects, and we anticipate to see more as the year progresses. We’ve put all efforts to ensure we are ready for scalability.”

NFT cricket game on Tezos

A free-to-play multiplayer NFT cricket strategy game called “Cricket Stars” has been launched on the Tezos blockchain.

The game is being led by Tezos India — an organization that focuses on developing projects on Tezos — in partnership with esports game publisher GoLive Games. Despite the name however, no licensing deals with actual cricket stars appear to be in place.

Cricket Stars. Source: GoLive Games

Cricket Stars follows a similar model to other sports NFT games like Sorare, by offering player cards that can be used have an affect on the game, or traded on the market place. The game also offers player vs player modes, knockout tournaments and esports tournaments.

"We understand the power of blockchain technology and its role in the gaming ecosystem. Our partnership with Tezos India is an astounding statement of blockchain technology becoming an integral part of the gaming industry," noted GoLive Games founder Ravi Kiran as part of the announcement. 

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