bcnext or whatever the name of the initial distributor was is as unknown as satoshi - I doubt this will be an issue in the future.
The issue is that "based on an injection of 21BTC by 73 original stakeholders, 1 billion Nxt coins were ejected from the Nxt genesis block."
If these original stakeholders solicited investment from the public in exchange for Nxt shares, how could this not be construed as a security offering?