I don't understand how the token burning would make this a security. But constant token burning would probably be an annoyance when dealing with coinmarketcap and the total amount of the tokens
Burning tokens can make it an calculated investment like for example dividend. with burning tokens we mean tokens that get burned based on for example revenues not unsold tokens.
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Yes, regular token burning is basically the same as paying a dividend. By doing this you reduce the supply which in turn leads to an increase in value of the remaining tokens. A slippery legal slope.