the affiliateed stuff needs work
Shit Punk Says
Oceans of Wisdom
15,962
matching drops
#1174313
2026-07-07 16:25
an a great idea
fun
is easy
not the affiliated stuff
i think the network museum itself
obviously, I am capable of doing this all by myself ;)
i am not going to complain to the SEC that you tricked me out of my life savings by selling me worthless JPGs
:)
i am accredited
again don't worry
and if you are swapping with me personally
and it is not
bc either it is the network
don't worry abotu this case
this is fine
i can't be everyone's global securities lawyer
how to handle themselves
i think we have to leave it to everyone to decide
1/ too small to matter
2/ non-USA
3/ USA and larger but decentralized
4/ USA and larger and not decentralized and check KYC, etc etc
I think will fall into one of these categories
the affiliated network museum collections
the blockchain should fail on #4
The network museum fails on #3 and that is the end of that
The **Howey Test** is a U.S. Supreme Court framework (from the 1946 case SEC v. W. J. Howey Co.) used to determine whether something qualifies as an **“investment contract”** (and therefore a security).
It has **four parts** — all must be satisfied:
---
**1) Investment of money**
There must be some form of value contributed
• Not just cash — can include crypto, assets, or services
---
**2) In a common enterprise**
The investor’s fortunes are linked to others
• Typically horizontal commonality (pooled funds)
• Sometimes vertical (tied to promoter success)
---
**3) Expectation of profits**
The investor is expecting financial returns
• Capital appreciation or income
• Not just consumption or use
---
**4) Derived from the efforts of others**
The profits depend primarily on someone else’s work
• Promoter, issuer, or third party
• Not the investor’s own active efforts
---
**In practice (quick intuition):**
If people put money into something, expect to make money, and rely on a team to make that happen → it’s likely a security.
simplistically
I dunno, probably a security
GPebbles Great JPG Selector
1/ raising $100M
2/ GPebbles make all the decisions
3/ Gpebbles gets 2/20 and controls the SAFE
4/ gpebbles told everyone in writing that he expects we are going to make a lot of money
Network Museum
1/ you don't get any money back ever, you don't sell anything
2/ TDH is in charge
3/ there is no manager
4/ there is no fee
this is not a security
take the two extreme cases
i am burdened by knowing too much
is how can we do it and not accidentally create a security
all of the difficulty in almost anything I want to do
this is my point
that is different
now if the numbers get big
will not think "we need to protect capital markets in the United States by preventing you from doing that"
that Trump's SEC
if you and @maybe and 5 others each chip in 10 ETH to buy some JPGs
I am 99.99999999999999999999% sure
a lot of this is "it depends"
i mean look
well I am an accredited investor so in this particular case it won't matter
basically you have to make it permissioned
and it is a big nuisance with onchain
you need to check if your buyers are accredited investors
then if USA
but but but
and of course you are allowed to sell securities
or at a minimum you are selling a security
where eventually you become a fund manager