When an NFT owner has their assets stolen, there is often a public debate about who is at fault and who is responsible. In the case of Robert Armijo, this debate was brought to court after the theft of his NFTs from Bored Ape. However, in a final ruling, a judge chose to dismiss the case that had been filed against Open sea.
Who is guilty?
This saga began when Armijo had three of his Bored Ape NFTs stolen after he clicked on a fake asset buyer link that went on to list the stolen assets on OpenSea. After realizing that he had been tricked, Armijo tried to contact OpenSea customer support. He also contacted Bored Ape customer support, which helped escalate his ticket with OpenSea.
While one of the stolen NFTs was sold on OpenSea, the thief’s accounts were frozen by the marketplace, who then sold the remaining NFTs on other marketplaces. After this incident, Armijo filed a case against OpenSea and yuga laboratories due to negligence
Unfortunately, Chief US District Judge Miranda M. Du dismissed the case on the grounds that Armijo’s losses were financial.
“The loss of Plaintiff’s marketing rights to its stolen NFTs is equally a purely economic loss. While the plaintiff is correct that injuries in tort law include non-physical injuries such as ‘invasion of any legally protected interest of another’, the economic loss doctrine generally does not refer to such a broad definition of ‘injury’. ‘ said the judge.
Armijo’s legal representation has said it will consider the ruling before making any further decisions.
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*All investment/financial opinions expressed by NFT Plazas come from the personal research and experience of our site moderators and are intended for educational purposes only. People are required to fully research any product before making any type of investment.
Tokoni Uti has written extensively on blockchain and cryptocurrency for years. Her work has been featured on sites like BTCmanager and Blockchain Reporter. She has a degree in Corporate Communications.
