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arXiv · 2311.01461

The Property Law of Crypto Tokens

Jakub Wyczik
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Abstract

This article addresses the lack of comprehensive studies on Web3 technologies, primarily due to lawyers' reluctance to explore technical intricacies. Understanding the underlying technological foundations is crucial to enhance the credibility of legal opinions. This article aims to illuminate these foundations, debunk myths, and concentrate on determining the legal status of crypto-assets in the context of property rights within the distributed economy. In addition, this article notes that the intangible nature of crypto-assets that derive value from distributed registries, and their resistance to deletion, makes crypto-assets more akin to the autonomy of intellectual property than physical media. The article presents illustrative examples from common law (United States, United Kingdom, New Zealand) and civil law (Germany, Austria, Poland) systems. Proposing a universal solution, it advocates a comprehensive framework safeguarding digital property - data ownership - extending beyond the confines of Web3. This article presents a comprehensive, multi-layered approach to the analysis of tokens as digital content and virtual goods. The approach, universally applicable to various of such goods, scrutinizes property on three distinct layers: first, the rights to the virtual good itself; second, the rights to the assets linked to the virtual good; and third, the rights to the intellectual property intricately associated with the token. Additionally, the paper provides concise analysis of the conflict of laws rules applicable to virtual goods. It also delves into issues concerning formal requirements for the transfer of intellectual property rights, licensing, the first sale (exhaustion) doctrine, the concept of the lawful acquirer, and other crucial aspects of intellectual property in the realm of virtual goods, particularly within the emerging metaverse.

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Jakub Wyczik. 2023-11-02. The Property Law of Crypto Tokens. https://arxiv.org/abs/2311.01461

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