The gorilla in the room: Yuga Labs investors pretend to care about the planet. They don’t.

Yuga Labs, the startup behind the popular Bored Apes Yacht Club project, finally got its long-rumored investment from venture capitalist firm Andreessen Horowitz. It now has plenty of funds to transition into a game company — and create the illusion that its newly launched Apecoin is something other than an unregistered securities offering. 

Apecoin, an ERC20 token that lives on Ethereum, is a path to liquidity from Bored Ape Yacht Club NFTs, of which many more are soon to come in the form of virtual land. “Blue-chip” NFTs are too expensive for the average Joe, and you can’t buy a fraction of an NFT, the way you can a fungible token.

As with the Bored Ape NFTs, Apecoin has zero intrinsic value. The money you get when you cash out comes from new investors buying in. Unlike virtual land or ERC20 tokens, the supply of suckers in the world is finite. Eventually, the tokens will crash in value and retailers will get stuck holding the bag.

After acquiring the IP for CryptoPunks and Meebits, Yuga Labs now controls three of the most popular NFT collections. All three live on Ethereum, a proof of work blockchain that consumes a country’s worth of energy. Each transaction on Ethereum is equivalent to the power consumption of an average U.S. household over nine days, according to Digiconomist. 

Destroying the planet, one NFT at a time

Other participants in Yuga Labs’ $450 million round, which valued the company at $4 billion, include Animoca Brands, The Sandbox, LionTree, Sound Ventures, FTX, and MoonPay.  

Animoca Brands is the Hong Kong-based outfit behind the play-to-earn game Benji Bananas, which plans to incorporate Apecoin — an attempt to give the token utility and avoid regulatory scrutiny. P2E games have received criticism for being digital sweatshops. Players, often in poor areas of the world, are required to purchase an NFT, worth several months’ salary, to start “earning” tokens they then have to sell to recoup their initial investment in the game.  

The Sandbox, a subsidiary of Animoca, is the creator of a play-to-earn game that sells virtual land as NFTs. The company bills itself as “one of the pillars of the open crypto metaverse.” As of September, The Sandbox — ‘The’ is part of its name — owned 31 different BAYC NFTs. 

According to a leaked pitched deck, Yuga Labs plans to create a gaming metaverse and raise another $455 million selling virtual land NFTs. In a recent tweet, Yuga Labs hinted at a new project called “Otherside,” which will accept APE and launch in April. Yuga Labs can create as much virtual land as they want, so maybe they’ll create virtual forests for their virtual primates? 

In the real world, the one we all live in, great apes are running out of natural habitat. Gorillas, chimpanzees, and bonobos are already endangered or critically endangered. A combination of the climate crisis and the destruction of their natural habitats is threatening their very existence as a species. 

By promoting Web3 and Ethereum-based tokens, Yuga Labs is speeding the demise of these creatures. To compensate for this evil, Yuga is throwing chimps a banana by donating 1% of the Apecoin supply of 1 billion to the Jane Goodall Legacy Foundation. (I wrote to Jane Goodall to see how she feels about this. If I get a response, I’ll post the comments here.)

Investment bank LionTree is headed by Aryeh Bourkoff, who told investors in his 2021 year-end letter that climate change is something we should all care about: “Widening our gaze, as the market chases growth, the climate crisis is reminding us that infinite growth on a finite planet is irrational and that we must commit to a long-term outlook guided by purpose rather than short-term gains.” 

Bourkoff appears blind to the hypocrisy of backing an NFT project — or maybe he cares more about the money. Investing in tokens that resemble securities is a lucrative business. Just ask Marc Andreessen, who recently bought a $44.5 million house in Malibu down the street from the $177 million home he bought in October. Forbes estimates his net worth at $1.7 billion.

Sound Ventures is a fund controlled by Guy Oseary and actor-turned investor Ashton Kutcher, who also pretends to care about the planet.

Kutcher was a founding member of World War Zero, an American coalition launched by John Kerry in 2019 to fight the climate crisis. He and his wife bought a Hummer EV, and they live in a Los Angeles home powered entirely by solar energy.

“Ashton and Mila are concerned about the quality of the soil, the purity of the food they eat, and the water they drink. The ideals of sustainability and regenerative farming aren’t just abstract concepts to them,” the house designer told Architectural Digest.

Crypto exchange FTX is one of Tether’s biggest customers. (If you are not familiar with Tether, its web of lies, and the role it plays in the crypto economy, read my Tether timeline.) The company’s answer to the climate problem is to purchase carbon credits.

Finally, MoonPay is the company behind all the strange celebrity purchases of Bored Ape NFTs, where nobody is quite sure if the celebrities are buying the NFTs themselves, or if they are playing a part in promoting the project, without fully disclosing their motives.

MoonPay’s response to Ethereum’s waste is a similar greenwashing. It claims the media exaggerates the impact of crypto mining on the world and points out that Ethereum has plans to transition to a more energy-efficient proof of stake. Ethereum has talked about shifting to a proof of stake system since 2014. It has yet to make the big move.

These are the backers of Yuga Labs, full of contradictions. On one side of their mouths, they talk about saving the planet or they preach exploitive play-to-earn games as a way for players to “own their digital assets.” (They don’t, the assets are stored in central servers.) And on the other side, they promote Web3 and the metaverse, fuzzy marketing terms that point to ways to justify the creation of new tokens.

It all gets a little tough to stomach when you read reports that climate change is already worse than expected and see actual images of an ice shelf the size of Los Angeles collapsing in Antarctica. 

Another celeb joins the circus

On Thursday night, Madonna announced on social media that she now owns a bored Bored Ape NFT. It’s not clear if she bought the token — or if the token was gifted to her by a certain someone who is using her celebrity status to promote Bored Ape Yacht Club.

The material girl’s manager, Oseary, has known her since he was 17 years old. He’s probably been talking her ear off about Bored Apes since October when he signed a deal to represent Yuga Labs. Now he owns a chunk of the company via Sound Ventures as well. 

Oseary has a history of tapping into his celebrity connections to shill cryptocurrency. He also has a history of investing in alleged unregistered security offerings. 

He and Kutcher previously invested in Ripple. In 2018, they donated $4 million in XRP, the token widely associated with Ripple, to “save the gorillas” on the Ellen Degeneres show. Degeneres has a wildlife fund.  

Two years later, the Securities and Exchange Commission charged Ripple and two of its execs for conducting a $1.3 billion unregistered securities offering. The firm is still battling the lawsuit in court.

History repeated?

Yuga Labs likely never contacted the SEC before launching APE — and there is good reason for that. If they had, the regulator probably would have told them, “No, don’t do this.” So they went ahead and did it anyway, figuring they could get away with it, or worst-case scenario, pay a multi-million-dollar fine years later.

The APE DAO or decentralized autonomous organization, which supposedly launched Apecoin, is not a legal entity. It is also neither decentralized nor autonomous. The Ape Foundation — the committee that enforces decisions made by the DAO — is registered in the Cayman Islands. 

The Ape Foundations’ five members get paid $125,000 in Apecoin for their six-month terms. The Apecoin community votes on whether they get reinstated. Votes are weighted by how many Apecoin you own. Since Yuga Labs and its investors hold the majority of Apecoin, ultimately, they decide who gets reinstated and what proposals get passed.

Reddit founder Alexis Ohanian serves on the Apecoin Foundation. (The other four members are Amy Wu, who leads a venture fund at FTX; Maaria Bajwa, a venture investor at Sound Ventures; Yat Siu, the cofounder of Animoca Brands, and Dean Steinbeck, cofounder of Horizen Labs, one of the companies that partnered with Yuga Labs in developing Apecoin.) 

Like all the others, Ohanian also talks a big story when it comes to combatting climate change. He recently launched the 776 Foundation, a fellowship that will give $20 million to young people over the next decade to work on climate solutions.

People who care about the planet, don’t back massive NFT projects. They just don’t. Every NFT transaction on Ethereum comes at a destructive cost to the environment.

Bored Ape Yacht Club is about creating perceived value where there is none to pump tokens. Not only do retail investors risk losing money, but the project itself is contributing to our last remaining chances at escaping climate disaster — all in the hopes of making a few grifters rich.   

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Bored Apes Yacht Club launches Apecoin. It looks like an unregistered penny stock offering  

The Bored Ape Yacht Club project now has a fungible token called Apecoin (APE), which officially launched today.

The announcement came from Apecoin itself, in the form of a Tweet thread and a post on the new APEcoin website. 

Yuga Labs, the startup behind Bored Apes Yacht Club, is trying to distance itself from its own coin — much in the same way that Ripple tried to distance itself from XRP.  

Apecoin is like a ventriloquist’s dummy on the lap of Yuga Labs. The dummy is doing all the talking, and we are supposed to pretend that we don’t see Yuga Lab’s lips moving. 

Yuga Labs developed its Ethereum-based ERC20 token with help from blockchain developer Horizen Labs, blockchain game company Animoca Brands, and law firm Fenwick & West.  

The goal here is to create a new magic bean that can be sold for real money, without having to register that magic bean with the Securities and Exchange Commission. Yuga Labs founders think all they have to do is make sure the coin is “decentralized” and has some sort of utility, outside of “number go up.”

Yuga Labs is calling its coin “a token for culture, gaming, and commerce.” Culture is a completely meaningless word here. And I’m not sure what commerce means either. I’m guessing it means you will be able to buy things, potentially even bored ape NFTs, with the token.

There will be 1 billion Apecoins, and 150 million will be airdropped to holders of bored ape or mutant ape NFTs. They can claim their coins on Apecoin.com for up to 90 days. 

Also, starting today, the coin will be listed on several major exchanges: Coinbase, FTX, Kraken, and Gemini, according to a tweet by Guy Oseary, who represents Yuga Labs in the entertainment sector. APE will also be listed on OKX, Binance, and Binance US.

Coins tend to shoot up in price as soon as they get listed on Coinbase, the largest crypto exchange in the U.S. 

It’s decentralized, see?

Speaking through Apecoin, Yuga Labs also announced an Apecoin DAO, or decentralized autonomous organization. If you own APE, you are a member of a DAO, and you get to weigh in on important decision-making, probably things like what bands will play at the next warehouse party.

I won’t go into all the details, but if you are interested, an Apecoin forum addresses how the DAO works. 

In 2018, Bill Hinman, who was then the director of the SEC’s Division of Corporation Finance, stated that ether (ETH), the native crypto of Ethereum, was not a security because it was sufficiently decentralized. Ever since that time, token projects have been trying to copy Ethereum, and come out with something that is decentralized, even as the SEC tried to walk back how significant this statement was when Ripple tried to use it in the XRP case. 

However centralized the actual operations are, “decentralized” only ever meant “you can’t sue me, bro.”

DAOs are supposed to be decentralized, but they never are. Similarly, the Apecoin DAO will have its own central gatekeeper: the Ape Foundation.  

The Ape Foundation is based in the Cayman Islands, and it maintains the Apecoin.com website and the Apecoin Twitter account.

Members include Alexis Ohanian, founder of Reddit; Amy Wu, who leads a venture fund at crypto exchange FTX; Maaria Bajwa, a venture investor at Sound Ventures; Yat Siu, cofounder of Animoca Brands, and Dean Steinbeck, cofounder of Horizen Labs. 

All of these members own one or more bored ape NFTs. Advisors and contributors in token projects are generally paid in magic beans, so I suspect they got plenty of APE for their efforts, too.

Anyone who was around the crypto space in 2016 remembers the earliest DAO — called “The DAO.” After the project stupendously crashed and burned, the SEC came out with an investigative report, saying the DAO’s tokens were securities. Still, that hasn’t stopped thousands of DAOs from launching this year. There is even a website now that tracks DAOs.

In 2017, we had initial coin offerings. In 2022, DAO governance tokens are stepping in to take their place — and they resemble offerings of securities in all the same way ICO tokens do. 

Play-to-earn

Yuga Labs knows it is not enough for Apecoin to simply be a governance token. It needs more utility than that, so the coin will be incorporated in a game app — and that’s where Animoca Brands comes in. 

The game developer converted its mobile game Benji Bananas to play-to-earn for the occasion. By playing Benji Bananas you earn tokens that can be swapped for ApeCoin starting in Q2 2022. The game is available on the App Store and Google Play.

Benji Bananas is an action game, where you make Benji the monkey swing from vine to vine through the jungle, collecting bananas. If you want to play, you have to first buy a Benji Pass, which is an NFT. Animoca offers more details in a Medium post. 

Play-to-earn games have been criticized as a growing cancer in the gaming space, where they transform games into a grinding, difficult slog. They are known to target vulnerable populations in countries like the Philippines, where people use the game as a way to earn a living. If players lose money or the in-game token drops in value, they risk sinking ever deeper into debt, having to take out loans from other players to stay in the game.

Somehow, I don’t think a banana game will be the biggest use case for Apecoins. Like most ERC20 tokens, the biggest use case will be speculating on its price: buying APE and hoping it goes up in value.

One for you, three for me

Yuga is creating 1 billion APE. A portion will be unlocked over a period of four years, starting on March 17, 2022. The distribution looks like this: 

  • 470 million to the DAO treasury 
  • 150 million to bored/mutant ape holders 
  • 150 million to Yuga Labs 
  • 140 million to launch contributors
  • 80 million to Yuga Labs founders  
  • 10 million to charity 

Notice how many APE Yuga Labs is setting aside for itself, and for all its contributors. The firm is happy to distance itself from the Apecoin project, but not the piles of APE it is getting.

A few weeks ago, the Financial Times wrote that Andreessen Horowitz (a16z) was in investment talks with Yuga Labs, which was seeking to sell a multi-million dollar stake in a new funding round. 

We don’t know yet if that deal has gone through, but I suspect if and when it does, a16z will get a large allotment of Apecoin. The venture capital firm has two directors sitting on Coinbase’s board, so they likely played a key role in getting the token listed. (Note how a16z’s shitcoin bag gets listed on Coinbase routinely.)

This is a win-win deal for a16z. If the SEC steps in and deems Apecoin an unregistered security, which I can totally see happening, a16z is not assuming any risk. Yuga Labs is taking on all of the risks. A16z simply gets tokens they can dump on the general population — a quick return on their investment. 

The founders of Yuga Labs imagine they can create a token out of thin air, pay themselves 80 million APE — and another 150 million for their company — and regulators are going to sit back and not blink an eye.

I would be curious to know if Yuga Labs even reached out to the SEC before launching APE.

In 2019, the SEC published a framework for analyzing whether a digital asset is an investment contract and, therefore, a security. The “not a security” path for most tokens is a fraught one. 

We’ve already seen several ICO projects pay the price of selling unregistered securities. Telegram had to return $1.2 billion to investors and pay $18.5 million in penalties. Block.one had to pay a $24 million penalty. Similarly, these companies also argued their tokens were decentralized and had utility. 

Yuga Labs is unwilling to learn lessons from the past. They think they know better. And a16z encourages this stuff directly because they know the game is rigged in their favor.

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