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This seems reasonable. From what I am able to pick up, they thought they had found some clever loophole to ICO by selling NFTs. Despite the C&D some of their fo
by opportune 3y ago
This seems reasonable. From what I am able to pick up, they thought they had found some clever loophole to ICO by selling NFTs. Despite the C&D some of their founders key benefits are still up: https://founderskey.io/images/fk/legendary-key.png https://founderskey.io/images/fk/legendary-key.png
Basically 1. until the platform is implemented the key is basically an IOU. However, it can be sold and transferred for a profit AIUI so it’s not like a crowdfunded game where you get some similar benefits as those can’t be sold for a profit. 2. all your NFT corresponds to is a literal key representing the benefits Impact Theory will make available to you in the future so per the Howey Test you are purchasing a contract (not a specific piece of art or cosmetic) yielding profits from the sole efforts of a third party (Impact Theory).
Honestly, they probably could have gotten away with it if they had been a little less lazy! I bet if they tried to raise money by selling some kind of character art (that currently exists like a normal NFT, not a custom avatar they’ll give you one day) that they’d eventually also display in their final product they’d have been fine.
The interesting takeaway though is that it seems like you can’t do kickstarter-style crowdfunding through transferable NFT ICOs, at least in this form in which you got nothing but a key.