How could someone whose trades are being copied be liable to the person who is doing the copying?
<p><a href="https://web3isgoinggreat.com/?id=nft-copytrader-tricked" rel="nofollow noreferrer">It is reported</a> that someone was copying the trades of a noted NFT trader.  This noted NFT trader profited from this by making an inflated bids on one of his own NFTs, and when the copycat replicated the trades on other NFTs they were purchased for ~10 times the usual rate.</p>
<p><a href="https://twitter.com/ThinkingETH/status/1687888745465536513" rel="nofollow noreferrer">The copycat (ThinkingETH) has since described</a> the loss as &quot;stolen funds&quot;, and <a href="https://twitter.com/lex_node/status/1687916676380033025?s=20" rel="nofollow noreferrer">someone said</a>:</p>
<blockquote>
<p>I unironically think @ThinkingETH might have good legal claims to get their ETH back from the bot 'trick' if they hire a skilled litigator. Legally the issues are a bit more nuanced than they might be normatively from the standpoint of cryptotwitter.</p>
</blockquote>
<p>Is there a case here?  Is there some nuanced issues that could mean that the seller is responsible for the seller to have &quot;stolen&quot; from the buyer?  Is there a civil case to be made that the funds should be returned?  Any jurisdiction would be interesting, as it seems to matter little where these events occur.</p>

<h2>This type of fraud is called <a href="https://en.wikipedia.org/wiki/Shill#Auctions" rel="nofollow noreferrer">shill bidding</a></h2>
<p>Unless the rules of the auction allow it, a vendor is not permitted to bid on their own item. Even when they are, such vendor bids may be disclosed.</p>
<p>The relevant laws date from well before the rise of online auctions but they are just as applicable. There have been successful prosecutions to my knowledge, including jail time, in the <a href="https://www.theguardian.com/artanddesign/2006/aug/02/art.crime" rel="nofollow noreferrer">USA</a> and the <a href="https://www.pinsentmasons.com/out-law/news/ebay-shill-bidder-fined-3500" rel="nofollow noreferrer">UK</a>. A quick Google search shows these are not unique.</p>
<p>A victim of such a fraud can seek restitution through a civil claim.</p>

contract-law theft cryptocurrency