From Blockchain to Counterfeit: The Legal Challenges of Crypto-Duplication

Josh Fairfield’s article “Crypto-Counterfeiting” is published in the William and Mary Business Law Review at Washington and Lee University.

Josh Fairfield, a law professor at Washington and Lee University, recently published an article in the William and Mary Business Law Review on the topic of Crypto-Counterfeiting. The article delves into the legal challenges surrounding fraud in blockchain technology. In this fully decentralized system, it becomes difficult to pinpoint who should be held responsible for cases of fraud involving improperly generated tokens. While blockchain technology was created to prevent asset duplication, it has inadvertently led to legal issues related to token generation.

According to Fairfield, when someone duplicates cryptocurrency, they are essentially decreasing the value of the cryptocurrency for everyone else, as well as their own holdings. To restore the value of the entire system, he suggests that the duped currency should be deleted. Fairfield highlights how complex legal responsibilities can become in cases of crypto-counterfeiting and argues that courts will likely sanction wrongful token generation with the remedy of deletion in order to address emerging issues related to this area of law.

The article by Josh Fairfield can be accessed online at the William and Mary Business Law Review website. His research sheds light on the evolving landscape of blockchain technology and provides insights into how the law can adapt to address emerging issues related to crypto-counterfeiting.

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