If you ever read that FinCen guidance document, the fact that Bitcoin Foundation develops the software that is used for "making" Bitcoin makes them an administrator of such currency and according to "law" administrators are a subject for money transmitter regulation.
I think people might be making a mistake saying that "Stae of California has made a mistake somehow".
The Foundation is less about direct development and more about Public Relations and community building. The github group is more in line with what you describe.
The only administrators of the software and currency are the miners and nodes.