The Howey test in a nutshell:
1. an investment of "
X"due to
2. an expectation of profits arising from
3. a common enterprise
4. which depends solely on the efforts of a promoter or third party
"
X" must be some that hold monetary value or be money itself
so
So at which point did "something to which no one holds any title, to which possession is at best tenuous and existence entirely virtual" manage to pass the Howey test?
Bitcoin does fit what I described as "
X" perfectly .
Are you trying to argue that Bitcoin is just monopoly money(I'm sure everyone here will takes issues with that )and any contract denominated in Bitcoin is worthless?
Subquestion: if you own a Monopoly board, and some collegiate hookers move into a house down the street and start sucking cock for Monopoly dollars as part of their "orally experiencing the world" agenda, are you now to register with the SEC next time you invite some friends over for a game of Monopoly lest you end up selling unregistered mortgages in virtual Boardwalk and other properties?
Perchance you could introduce those collegiate hooker to the rest of us?I'm sure we would love to "meet" them.Some probably could have some "fun " with someone
retarded "special" enough to sell themselves for toy money,although I'm not a fan of taking advantage of the mentally disabled myself.
Do you know that certain MMORPGs have very dynamic financial ecosystem that mirrors real life quite eerily?Take EVE Online for example:players have set up functional banks, multitudes of financial investment firms and even non functional frauds(ponzis, pyramids and whatnots) dealing with the in-game currency.Yet the SEC and other security commissions don't even bother with them despite the value(the in game currency can be "bought" with real cash , they however can't be cashed out) in the ten of millions of USD.Why? because like your monopoly money/properties example, those in-game currencies and investment have no monetary value in real life.
Get your shit together, if you're not a lawyer you have absolutely no business pretending like you know better than the people who are actually involved in this game. You want to matter, and opine, go to school.
Interesting conjecture there.Which part of what I've stated is untrue?Or maybe you are just as unclear on the concept of an internet forum as well.
A tango with the SEC always follows the same predictable trajectory.
When ever they open a case the outcome is either:
1.The company be cleared and continue to operate.
2.The Fraudulent enterprise folds(either crashing or simply run away) before SEC concluded their investigation, pretty much escaping with the investor's money.
3.The SEC and the relevant authorities closed them and seized their assets.Civil/criminal charges will follow and there will attempts for the victims to be made whole.This usually/could take years , sometime even decades.
My point is the inquiry (from what is gathered is about one of MPEX's "customers", not MPEX itself) is just a preliminary action.The real shebang could happen years from now(going at the historical pace of past investigations).Don't delude your self into believing you have accomplished an outstanding act of defiance , that didn't work as well for Andy Bowdoin either.