I wonder if Ken considered the option of hiring somebody to run direct shares. It may have to be a very real consideration. Didn't this same thing happen to btct just a month back or so? and then comes the notice that they'll have to close permanently...
A while back Ken wrote they already had the code for a private exchange, precisely for this reason. I commended him for that, being forward looking (and was ridiculed by many for saying that). Its in this thread. Anyway, e that doesnt change the legal status, selling those shares directly wouldnt be any more legal, unless he registers them first. He might not attract as much attention, but its hardly a fundamental solution.
Aye, that's why I didn't mention it as it would likely face the similar situation as btct and now bitfunder are running into. Colored coins is the best way I think, especially if more governments come to the realization that they won't be able to restrict something that exists within the bitcoin protocol itself. I see the problem with direct shares, but I mean the further we keep getting pushed back here, the more its going to seem like downright oppression. You could make the same argument for using colored coins and say that you're still trading unregistered shares, no matter that you use the term 'colored coins'. They have to realize at some point that its going to be much easier for them to just try and adapt to the changing landscape instead of yanking it backwards so they can have it the way it
should be.