zekevermillion
Joined 12 years ago
Joined 12 years ago
A good lawyer will have the benefit of breadth -- representing many different clients in different situations. If the lawyer is wise, this will be conducive to good advice. It is only advice. On what basis do you decide to follow the advice?
I have to agree with you it must be internal politics. Otherwise why would they keep inflincting harm on themselves? But maybe they have some data that suggests this is a good idea...
We live in a world where it is very difficult to limit our personal commerce to avoid indirect support for activities and people we may find repugnant. I am reminded of the Biblical parable of 'Render Unto Caesar'. While I applaud those who stand on principle, I do not condemn those (most of us) who find it necessary to separate personal from political.
But like all these cheap, position-taking measures, we really should ask -- what is this distracting us from? What is going on that we should be paying attention to, instead of the daily outrage?
This discussion says to me that maybe RMS was right to insist on using the term "free software", and to refuse to promote "open source". When we debate the merits of an "open source" (or more confusingly, a "FOSS") license, people end up talking past each other. Are we talking about what is an effective licensing / development strategy, or are we talking about software ethics? People who do not agree with the free software ethos are understandably confused to find themselves criticized on moral grounds for choosing a license that makes source available but does not permit full exercise of user freedom. Hey, I thought we called it open source b/c we didn't want to focus on user freedom as ideology? Right? Maybe that was a mistake.
My personal view is that there is no logical problem in an author talking about open source as the basis for a restrictive, source-available license -- as long as there is no implication that the license is endorsed by a particular standards body. And conversely if you are a proponent of software freedom, maybe you have to recognize that there is some merit in referring to this as "free software" instead of something else, to avoid confusion.
EDIT: casemine appears to be neither free, nor to have all published US decisions as far as I can tell.
The vast majority of Republican voters in WI live in a ring of suburban counties surrounding Milwaukee. Yes, some rural counties are also red, but the absolute numbers of voters there is tiny. Go to suburban MKE, you hit a sweet spot of attractive economics for FC and possible political impact for state Repubs.
Also a token that is offered in a securities offering may later be traded in a way that is not an offering of securities, for example if the protocol becomes sufficiently decentralized at a later date.
For myself, I would steer well clear of anything that looks at all like a securities offering of p2p assets b/c I like to keep my life as simple as possible. But I realize that is not advice everyone wants to follow.
The SEC is not the biggest threat here -- as you can see with projects such as Tezos, the bigger threat is the private securities bar which will go after any token offering that leaves a deep pocket. Even if the SEC and state regulators aren't concerned with your offering, the private bar will go after anything that plausibly is an illegal securities offering, provided that the pot of money is worthwhile target. This is exactly the kind of hazard that p2p protocols are perfect for avoiding, so why bother making a new p2p protocol that is vulernable to this kind of risk???
I'm a retired lawyer and this is NOT legal advice for anyone. :))
[1] https://www.sec.gov/news/speech/speech-hinman-061418