I like the argument that they are just game tokens. See, it's just monopoly money.
Which are you saying that the operators of the GLBSE are trying to do: decieve, defraud, or otherwise disobey the law?
All of them, and probably something else. Its just not yet ripe for prosecution. The prosecution can start building the case and gathering the evidence once there's a first signature under the sacramental "I certify under the penalty of perjury that the foregoing financial statements are true and correct".
Until then the Gavin Anderson's way is still available: close the business before a first audit and return all solicited funds. This is a supreme defense.
By the way: the monopoly money is clearly marked as such in a big type. Some people may think that the tiny-type pale grey on white discalimer will protect them. I'm thinking it wont.