"Code is law" is a mantra chanted by people in no position to make it so.
Mark the result of theft or other illegal transactions, and any subsequent transaction as dirty.
Make any exchange, any vendor, any trader, and any user check with a government database before or immediately after receiving a payment, with penalties prescribed by law.
You immediately limit stolen crypto to the black market.
It’s no different to a thief stealing your bike then selling it to someone else on a street corner. Just because that person is the current owner and thinks they legitimately purchased it doesn’t make it rightfully theirs. In fact it’s even worse because it’s trivial to identify who the rightful owner is in this case, and if you buy an NFT you can look back at exactly who has owned it previously.
Now imagine if this was the deeds to your house on the blockchain.
Therefore phishing the seed phrase is not "actually stealing" it within the rules of NFT.
And outside the rules of NFT it's just a receipt; it's worthless. It's taking a picture of a picture of a bike, not stealing it.
If you steal my bike, that's theft. If you steal my DVD collection, that's theft. If you steal my steam account, that's theft. If you steal my NFT, that's theft.
Or are people banking on another layered solution which has arbitration, disputes, clawbacks, etc - all built within the blockchain. (I remember EOS discussing something like this)
Note: I understand that risk is present in any financial endeavor, but knowing that the courts can help you does de-risk the amount people will feel comfortable investing.
That's just the thing, isn't it? Courts have zero interest in upholding whatever boneheaded ideals that NFTs are meant to represent. Receiving stolen goods is a crime, and that's something courts are entirely geared towards resolving.
Say you hold most of your wealth in some cryptocurrency and are going to file for bankruptcy. Do you think the courts will tell your creditors that the Bitcoin is beyond reach? I suspect they wouldn’t treat it differently from any other asset.
That the blockchain is interpreted as a record of ownership is irrelevant. It merely records what has happened and says nothing about the nature of those transfers.