what happens if you change the technioology in question. What if instead of NFTs the guys were trying to set up a game not in person but using a live stream and the game play involved them showing the physical cards they had to a webcam so the other players could see it. N.b.: i have no idea how MTG gameplay works. But whatever. if you had four players, three of them would not be seeing the actual card. they would be seeing a digital representation of that card mediated by a new technology that was not envisaged by WOTC and was probably not in the TOS from the 90s before the whole internet thing. Would this too be a violation of Copyright? if the system using the NFTs was for a single tournament, even one that involved money (i remember my parents paying a dungeon master when I was a kid as cheap babysitting; was that copyright infringement?) would that be a violation or simply using new technology in a way that is consistent with the original game? is it copyright infringement to play music during a nickel ante poker game with friends? what abbout if the poker game is online? seems like a smart contract and NFTs is a fine if still clunky way to run a game.
