Rather than try to naunce some terms like "profit" why not look at SEC case against BTCST. Pretending something is a "game" is not a defense. If it looks like a duck, and quacks like a duck, the courts are going to find that it is a duck.
Which is precisely why the game currency Bitcoin is going to stay a game currency: that's what it damned well is. Can shake that "formalism" quote all the way to Sunday, this isn't a formal matter in the least. Reasons barring Bitcoin from being a currency in the legal sense are purely functional, quite numerous and absolutely irreconcilable through formalism.
a) The MtGox model. becomes licensed and regulated.
The MtGox model is running a pretend exchange that's more like a fractional reserve scam, lying everywhere and eventually going to jail. You need better research, seriously now. (Yes there's a massive volume of wrong stuff in your post, I'm just picking a couple cause I'm not getting paid enough for the whole thing.)