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This posts reads like you don't understand the Howie Test. Literally, that decision blew away any offering designed to evade SEC rules. The Test is incredibly
by throwaway2037 3y ago
This posts reads like you don't understand the Howie Test. Literally, that decision blew away any offering designed to evade SEC rules. The Test is incredibly general and has never been defeated. Why do you think this time is different?
- Dylan16807 3y agoLots of things try to "evade" SEC rules by making them not apply, and many are successful. What does "never been defeated" mean, exactly?
- mrkeen 3y ago> What does "never been defeated" mean, exactly? Universal statements like this are hard to prove, and easy to disprove. All you need to do is provide one of your many successful examples.
- Dylan16807 3y agoI need clarification on what that sentence means before I can even look for a good example! Otherwise I'll just point at something that decided to not be a security and never had enforcement. There's a million kinds of collectible that fit that category. If it means that when the SEC invokes the rule it has never failed, then that probably just means they're going after the strongest cases. It doesn't mean you can't "evade" it.
- IanCal 3y agoI don't think it's different. NFTs are not all securities, right? Just because people speculate with them doesn't make them securities just like baseball cards aren't securities. NFTs can be securities, the ones the article is about clearly are.