There are major differences between all these things and bitcoin.  Even if there wasn't, it wouldn't matter.  If the Feds perceive bitcoin as a threat they will come after it.  All they need is the facade of legality and the Federal courts will back them up.  You can make arguments until you howl at the moon, and they might be good ones too, but it won't matter.  Unless you have a really good lawyer, political connections and a sizable amount of public opinion on your side forget it.  Maybe you could get a really, really good lawyer like Tom Cryer but that's about it.  You would need a jury trial though because they would put the screws on the Federal judge that would hear the case and he would not be impartial to say the least.