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by vaer-k 1843 days ago
What would happen if you sold to someone the deed to a house you do not own?
3 comments

This is not the equivalent situation. It's more like I decide to sell an NFT to your comment.
It totally disagree. I think it is quite equivalent. The difference is that we don't have a centralized authority to recognize valid NFTs, as we do for deeds. But if we did have a central authority, like perhaps the artist responsible for the work protected by the NFT, and if the artist made it clear and public that only the NFTs she recognizes could be considered valid proof of ownership of her works, then indeed an NFT would function like a deed.
A common misunderstanding of NFTs is that they give you some level of legal rights. NFTs do not inherently give you rights. That's why a comparison with a deed is fundamentally flawed. A deed is a legal construct - inherently it gives you ownership. So even if it were sold, without the institutions notarizing the transaction it would not be a valid sale and could be easily reversed by the original owner.

I could sell an NFT to your comment trivially because it doesn't mean anything. You can think of it as the digital equivalent of me taking a screenshot of your comment and selling that - sure it doesn't give the purchaser rights to your comment, but that isn't what was for sale anyway.

I have no misunderstanding about this whatsoever, in fact. I understand that NFTs confer no rights, which is why I posited the idea of a necessary authority who can declare which NFTs are valid representations of ownership of their works. It is the pairing of NFT and authority which grant the possibility of ownership.

Many people immediately jump on the idea that NFTs cannot confer ownership, and thus are worthless as a concept, but they fail to recognize that it is only one half of ownership, just as a deed to a house is just a piece of paper (that anyone can photocopy) without an authority to recognize it.

again a deed is referring to a specific thing. a photocopied deed is not a deed anymore than a photocopied dollar bill is legit money. in other words a deed is already authorized by definition.

if you have an authority to confer rights then the NFT itself was unnecessary to begin with.

anyway, the original point I was trying to make is that situation you described (selling a deed to a house you don't own) doesn't make sense since by definition the own who does not own the deed can not sell it. if, somehow the sale did go through, the original owner could easily get it back. this situation is not possible with NFTs without a central authority, but with a central authority NFTs would not be necessary to begin with.

A deed does not refer to a specific thing. It only does so in daily life as a matter of convention. It is the authority of the banks or the government or whatever that gives your particular deed any weight at all. A deed, like a dollar bill, is a piece of paper with no value. Indeed, a photocopied dollar bill has no value whatsoever. It is only our collective agreement to pair value with officially recognized papers that grants those papers value.

The situation I described does make sense, because it's exactly what we are circling around here. Anyone can sell anything; it is merely a question of whether the sale will be recognized by the parties that matter. An NFT is necessary because it distributes the transfer and sale of things without a central intermediary. There is and always will be a required authority to recognize the value of a given NFT, however.

Note that these two ideas of central authority are not equivalent. In one hand, you have a centralized authority over trade; in the other, an authority over value. Note also that in the case of NFTs, there is no "one central authority who governs all value", but instead many authorities, i.e. the creators! The artist or creator of a given work is free to recognize the NFTs that grant ownership of their creations. It is they who have the power of authority.

I can sell an NFT to your house just as easily as I can to your comment, and it confers exactly the same amount of legal rights.
Yes, exactly. You get equal rights, that is to say, nothing. Are you agreeing or disagreeing? It's unclear.
I know nothing about NFTs.

I’d guess it wouldn’t be a sale of rights to the comment (because you don’t own them).

If you advertised it as the sale of rights to the comment, then it would be a fraud? Or you could advertise it as “a collectible item representing one of endisneigh’s parent comments as issued by endisneigh, collect them all”?

That would be fraudulent, but that's not what I'm suggesting.

I suppose I could sell a token for Hacker News, I just couldn't claim that the holder of the token gets any kind of special privilege here.

>I just couldn't claim that the holder of the token gets any kind of special privilege here.

Sounds like an NFT alright.

In that case sure, you could do it, just as you could sell someone a deed to a rock you picked up off the street.
It's even less than that. A deed contains some language to the effect of "the holder of this deed owns the house at such-and-such address", whereas most of these NFTs seem to stop at "the house at such-and-such address".

Is there a way to see the actual language of these NFTs that receive press attention? Do any of them actually claim anything one way or the other?

You can sell a "quit claim deed" for any property. All it means is that you assign all your interest in the property to another party. If you have no interest in the property then you have transfered nothing, but the document itself is valid.