It certainly isn't the case that every ICO has to be of the form "hey anonymous investorsoh-sorry-I-meant-users, send your BTC to this address and we'll send you some coins, and remember this investmenttoken is not an investment".
Obviously you are referring to Iota and Ethereum.
I was responding specifically to the OP's statement here about giving away 100% of the coins. If you don't give away the coins but instead sell them (or do anything else like pretend to give them away while actually keeping them or giving them to privileged affiliated parties) you are likely taking a bigger risk.
And thus my point was that it can't proven that you gave away 100% and thus the implicit distinction you made was impossible.