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  • France

1. A DAO, without legal capacity, cannot be held liable for infringement of IP rights.

2. If the members of a DAO have acted as partners and shareholders vis-à-vis to third parties, they may

each be held liable. This was the course taken by a judge in California where the members of a DAO

were considered as duly summoned by providing a copy of the summons to the OOAKI’s DAO chatbox.

« The motions are granted, and the Court orders that service of process on the OOKI DAO

may be made in this action by providing a copy of the summons and complaint through the

OOAKI DAO’s Help Chat Box, with contemporaneous notice by posting in the OOKI DAO’s

online forum »

Commodity Futures Trading Commission ./. OOKI DAO

No such decision has been taken by French courts to date.

Casey Joly

Intellectual Property

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