Owner Bored Ape #3475 asks the court to recover $1 million from OpenSea – Bits Media

NFT Collector, lost a valuable NFT due to an exploit on the OpenSea trading platform, accused the site of deliberately violating user safety.

Texas iron ore CEO Timothy McKimmie (Timothy McKimmy) sold non-fungible token from the series Bored Ape for 0,01 ETH (about $26) and filed a lawsuit in Texas federal court against the OpenSea trading platform. In the statement of claim, McKimmie states, what the OpenSea platform knew about the exploit, which allowed hackers to buy NFTs at a price far below the market price, but refused to stop trading for profit.

The author of the claim claims, who is the legal owner of the Bored Ape collectible token #3475 - one of 10 000 NFT featuring "bored monkeys". In his opinion, The NFT was deliberately stolen, because the hacker immediately resold it for 99 ETH (about $250 000). According to McKimmie, the stolen token is in 14th place in the ranking of valuable NFTs and is significantly rarer, than another token from the Bored Ape series, which I recently bought for $1.3 million Justin Bieber.

McKimmie Calls on Texas Federal Court to Order OpenSea to Return Bored Ape #3475 or compensate for damages in an amount exceeding $1 million.

In late January, Twitter user VirtualToast.eth reported, that his NFT Bored Ape #8924 was purchased for 6.66 OpenSea's ETH – for example at 92% below the current minimum price. He assured, what Bored Ape planned to sell #8924 at this price, but then decided to cancel the auction and sent the NFT to another wallet. However, despite the exclusion of NFTs from the marketplace sales list, in fact, the application was reflected as active according to the OS API. This allowed an attacker with the nickname jpegdegenlove to buy Bored Ape #8924 at the old price. Thanks to which the attacker was able to obtain 347 ETH, that is $750,000.

Last year, the owner of one of the tokens from the popular Bored Ape Yacht Club NFT collection mistakenly sold it for 0.75 ETH instead 75 ETH. In January, the Bankless podcast hosts criticized OpenSea's security policies regarding blocking stolen NFTs.