Breaking Down Ryder Ripps’ BAYC Appeal Why Judges Just Can’t Seem to Get on Board

Judges Remain Skeptical of Ryder Ripps' BAYC Appeal 'I'm Still Not Seeing It

Nonfungible Token (NFT) Artist Fails to Shake Lawsuit in Hilarious Fashion

Oh, the drama of the Bored Ape Yacht Club-related lawsuit rages on! In a hilarious turn of events, Ryder Ripps, the NFT artist extraordinaire, tried his best to dismiss the case against him. But alas, it seems like his efforts fell on deaf ears—or rather, skeptical ears.

Picture this: in a dazzling Oct. 17 hearing, three judges from the United States Court of Appeals for the Ninth District remained surprisingly unpersuaded by the arguments put forth by Ripps and his accomplice, Jeremy Cahen (also known as the mysterious “Pauly” on X). Their attorney, WilmerHale partner Thomas Sprankling, valiantly claimed that the case should have been chucked out on the grounds of free speech.

Now, here’s where it gets juicy. Sprankling argued that the knock-off Bored Ape NFTs were actually sold and distributed as a form of protest against the supposedly anti-semitic imagery nested within the original Yuga Labs collection—talk about fighting fire with fire!

But, alas, the judges were not swayed by the avant-garde exercise argument. Instead, they honed in on the controversy surrounding the secondary sales of the NFTs themselves. It seems like all the artistic criticism just went over their heads, much to everyone’s chagrin.

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And then came the mic-drop moment from Judge Anthony Johnstone, who exclaimed, “He was selling the same images, on the same marketplaces, on virtually indistinguishable NFT identifiers.” Ouch! Judge Morgan Christen joined the party, stating simply, “I’m still not seeing it.” Epic burn, Your Honor!

Let’s not forget the backstory. Yuga Labs, the aggrieved party, first filed a complaint against Ripps and Cahen back in July 2022. They accused the dynamic duo of making millions through trademark infringement, false advertising, and unfair competition after the release of their RR/BAYC NFT collection. Drama, drama, drama!

Sprankling, not one to back down, argued that the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute should protect his clients. Ah, but what is this mystical statute, you ask? It’s like a fancy prophylactic—yes, you heard that right—designed to extend beyond the bounds of the First Amendment. Its noble purpose is to ensure that people are not threatened with chilling speech in litigation. Quite the mouthful, isn’t it?

Meanwhile, down in sunny California, District Court Judge John Walter had already convened a bench trial to determine the damages owed to Yuga Labs. But the suspense is killing us—we’re still waiting for Judge Walter to announce his decision. The tension is palpable!

Ripps and Cahen, in a desperate attempt to turn the tables, claimed that Yuga Labs only dragged them into this legal mess to silence their provocative “protest” art and bleed them dry of their hard-earned cash. It’s like an art war, folks!

Well, isn’t that a NFTastic(®) rollercoaster ride of emotions? Stay tuned, because the saga continues to unravel. We can only hope the next chapter brings more surprises, twists, and—dare we say—more laughs!

And now, dear readers, we turn to you: What are your thoughts on this wild NFT showdown? Do you think free speech should have saved the day for Ripps and Cahen? Share your opinions and let’s dive even deeper into this captivating world of digital assets!

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