Laws are never retroactive. According to TPTB's "expert lawyer opinion" pokemon cards were really a security because they appreciated in value due to demand after they were sold as a card game. Genius.
That's the first sensible argument I have read from you and any of your sockpuppet accounts which worth a discussion.
The issue is, as smooth and others including myself pointed out several times that you only try to mask & hide the true nature of your illegal security offering by calling it software. Just because you call your P&D coin a software - even if you call it software consistently and a million times -, the P&D coin and ponzi operation can't be seen by law enforcement as a software. It is in fact a speculative investment instrument which implements all attributes of a digital currency. More importantly, unlike the publisher of the pokemon card, you the publisher of the IOTA tokens have been organizing the trade of the coin by making it available to crypto exchanges, you are hyping it in this very forum via your sockpuppets and shills.
Law enforcement understand very well that anyone who hype his coin - like you do - in this environment is most likely a scammer who is selling either illegal financial securities or ponzies, often both. (That's why we could press charges against several scammers already and partly that's why the Mooolah scammer Ryan Kennedy is already in jail).
Therefore, even your argument about the pokemon card is absolutely correct, it is irrelevant in the context of IOTA. In your case - when a coin is sold, hyped and P&D by yourself, your sockpuppets and shills - you only delude yourself by calling the P&D coin a software.