Siraj, Patel, Rario move Delhi HC to stop OFS platforms from using NFTs

Earlier on 26 April, Siraj, Patel, Rario and others filed appeals before the Division Bench against a single-judge’s order which held that OFS platforms can use names and images of cricketers and celebrities, citing use is protected under the right to freedom of speech.

Appearing for Rario on Thursday ahead of a division bench of Justices Manmohan and Saurabh Banerjee argued there is a common misconception about where confidentiality begins and fair use ends.

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Salve said that an NFT is nothing but the personality of a player. He added that the players have the absolute right over their persona.

In his arguments, Salve submitted the OFS platforms can use information of a player for building teams on their platforms. However, he said that if the OFS platforms create an NFT, then it becomes a piece of property over which the player has the right. He added without the consent of the player, the platforms cannot trade those NFTs and earn profit.

“By creating tradable cards, you (other OFS) have crossed a line. Because a tradable card is not based on a player’s performance, it is based on their persona,” Bar and Bench quoted Salve as saying.

In his submission, Salve claimed that Rario recognised players’ rights, paid substantial sums of money, and acquired rights to use that personality.

“You can take the example of Sunil Gavaskar. If somebody today says that this is a Gavaskar signed bat and through digital means they take his signature, you are violating his privacy and it may also amount to passing off,” Salve added.

Meanwhile, appearing for players, senior advocate Mukul Rohatgi cited an example of a bat signed by Sachin Tendulkar.

“I am giving an example of a bat signed by Sachin. That bat has value because of Sachin Tendulkar’s autograph. Similarly, my photograph which is for somebody cannot be pirated by somebody else for trading. They cannot trade it without my consent,” he said.

He even referred to cricketer Rinku Singh and his performance in the Indian Premier League (IPL).

“There is a cricketer named Rinku Singh. He has become famous for hitting five sixes to win the match. Now, he is entitled to earn the money. He is entitled to use his persona,” Rohatgi said.

Following the arguments, the bench directed both the sides to file their written submissions within a week. It also listed case for further consideration on 23 May.