Once again, the legal position of Bitcoin is very simple. "Money" is that which has future value. "Currency" is that which has current value. Bitcoin is a currency, with no guarantee of future value.
FinCEN regulations only requires that you transmit "currency, funds, or other value that substitutes for currency". Transferring Bitcoins to the buyer transmits currency (or value that substitutes for currency).
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Why isn't gold regulated in this manner? (Especially, since you even have legal tender gold coins...)