Post
Topic
Board Altcoin Discussion
Re: rpietila Altcoin Observer
by
smooth
on 04/09/2014, 04:11:56 UTC
That gate wasn't constructed until centuries later.  The reinterpretation is thus erroneous.
The experts disagree, so can we.  Maybe it was babbling nonsense, maybe it was profound.


Quote
http://en.wikipedia.org/wiki/Securities_and_Exchange_Commission_v._W._J._Howey_Co.

Key phrase: "broad array of contracts and other schemes to raise capital in a way to secure some income or profit from the use thereof"

This case would apply to derivatives contracts, and futures contracts.

No, that is not right at all. Did you read the article? It involved a leaseback scheme, not derivatives or futures at all.

The "investment contract" interpretation has been used to prosecute all manner of "investment schemes."

The test is:

Quote

1. investment of money due to
2. an expectation of profits arising from
3. a common enterprise
4. which depends solely on the efforts of a promoter or third party

I don't really see how supernet could fail to satisfy that test.