team issues 'valueless governance token' to users; its only official function is to govern how the rest of those tokens get spent, maybe some parameters
token acquires high market cap based on speculation of future value b/c after all, the protocol is very popular!
team & VCs issue tokens to themselves
team & VCs also issue tech company equity to themselves (common stock or preferred stock)
team & VCs sell their tokens into the speculative token-market
team & VCs say: "we can't drive value to token because then it would be a security, sorry guys but thanks for the free governance stewardship!"
team & VCs still want to have a business and make even more money together, so they work on "regulated DeFI" or "strategic research" and either IPO or sell the equity to a tradBank or CEX to get a "second dip" or "second exit"
meanwhile, token value bleeds out slowly as people eventually realize that a governance token without a value flywheel is a liability, not an asset
this hasn't happened yet frens but imo it's almost a certainty that it will; back when I was doing many DeFi project financings I had discussions with VCs' biglaw attorneys where they expressly fought to preserve the value of the VCs' much-coveted "double dip"
the best example of this is $UNI
it was distributed with a "fee switch that could be turned on"
minnows have been pining for fee switch activation for almost two years; whales/team won't pass it because of the regulatory risk
why would they ever accept a scintilla of risk when they don't need to?
Uniswap fanbois made the token super valuable for no reason, so the team/VCs can exit into that without the added risk of fee activation
they still own & can monetize the company equity & "Uniswap brand"
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DeFi websites will never be prohibited or require a broker/dealer license to operate
they are just information about what is on a blockchain and what commands you can separately send to unrelated third parties to perform transactions on that blockchain
if creating/owning/operating such a website makes you a broker/dealer, then so does writing/publishing this article
at most there should be / could be some regulations designed to punish people who provide the information in a misleading way; these are called consumer protection laws and antifraud laws, and they already exist
If you talk to lawyers in the space who are working on SEC defenses for DeFi projects, one of the biggest issues is that internal chats/communications (discoverable by SEC) lapse into talking about the project as if it were any tech start-up instead of a FOSS project
if you talk like you're running a business, there is a high risk that you will be regulated like you're running a business
people like to poke holes in how XRP has been treated vs. how ETH has been treated, but one of the biggest distinctions between them is that Vitalik and others are very disciplined--communicating that they basically research & develop network clients & designs for network clients
I simultaneously agree that algo stablecoins like UST are very risky and experimental and disagree that USDC and DAI (which is also USDC) are categorically safer. Just different kinds of risks they expose you to.
USDC (and now by proxy DAI) expose you to counterparty risk, censorship risk, classic info asymmetries, classic agency problems and certain regulatory risk (I think both are securities or securities swaps).
UST and RAI present different kinds of risks around game theory, the adequacy of the incentives people are expected to respond to, etc.
Had a chance to review this "Tractatus" by @judge_jowday this morning. . . very interesting.
It appears to be a sort of gnomic, Wittegenstein-style philosophy of cryptolaw, intended to reconcile the two paradigms of "law is law" and "code is law".
There is no 'color commentary' provided on what the 'Tractatus' is supposed to mean or do, who would use it, whether it's meant to be descriptive or prescriptive, etc.
@judge_jowday 's intentions are open to interpretation.
The first few sections (1-3) are pretty boring, and appear to just be setting the stage for how to talk about law. They define law as an enforceable and enforced governance system consisting of rules, rights, duties and canons. (Debatable definitions).
Well, today we got two very different statements on crypto/DeFi/tokens from two SEC commissioners, Hester Pierce and Caroline Crenshaw.
I will probably write something longer about this soon, but for moment what really strikes me--and that I hope everyone in crypto will understand--is that regardless of where they land on the issues, their respective takes are *extremely* well informed.
These two commissioners have, directly as well as through very informed advisors, taken a keen interest in studying DeFi & grappling with the issues it presents.
Simply collateralize or wrap your existing tokens with $NEUR and they will be converted from non-compliant overconfident securities into fully compliant self-hating insecurities.
$NEUR will be airdropped only to U.S. persons.
Some people are asking about other $NEUR features:
--> stagflationary
--> aleatory (1M $NEUR randomly re-distributed every block)
-->negative 100,000% APY (drains all other tokens in your wallet--even your other wallets (thanks to our amazing partnership with @chain_analysis))