diff options
author | Bryan Bishop <kanzure@gmail.com> | 2015-02-11 10:39:16 -0600 |
---|---|---|
committer | Bryan Bishop <kanzure@gmail.com> | 2015-02-11 10:39:16 -0600 |
commit | 67ef1eba710df11b241506ba855223f89964541b (patch) | |
tree | 3d29e4dc36e176b697cc49156604c1a44c2b355a | |
parent | 1536e23e2330a1746dc2d007a9df754c1b54e41c (diff) | |
download | diyhpluswiki-67ef1eba.tar.gz diyhpluswiki-67ef1eba.zip |
more law things
-rw-r--r-- | transcripts/bitcoin-devcore-2015/james-gatto-marco-santori-bitcoin-law-for-developers.mdwn | 4 |
1 files changed, 4 insertions, 0 deletions
diff --git a/transcripts/bitcoin-devcore-2015/james-gatto-marco-santori-bitcoin-law-for-developers.mdwn b/transcripts/bitcoin-devcore-2015/james-gatto-marco-santori-bitcoin-law-for-developers.mdwn index ac8e6cc..9941281 100644 --- a/transcripts/bitcoin-devcore-2015/james-gatto-marco-santori-bitcoin-law-for-developers.mdwn +++ b/transcripts/bitcoin-devcore-2015/james-gatto-marco-santori-bitcoin-law-for-developers.mdwn @@ -50,3 +50,7 @@ So that's just some of the things that developers should be looking at when they Q: Is there a way quick hack for determining.. for example, I have a coin, it's attached to a dividend with my profits, but when you get a coin you can unlock a subscription to a mailing list? A: So, engineers are very good at thinking at solutions to problems. But you guys suck compared to Wall Street. They have been thinking since the 1930s of weird tweaks to different products to try to bring them outside of consumer protection laws. So SEC looks at function over form. So they want to know what is it really being used for. So if you are selling a coin that is really the purpose is that you want to fund your company, and you want that money to come from someone who has nothing to do with your company, and if the purpose is to sell it later for more, but also you get a subscription to Popular Mechanics, come on that approach wont work. There are ways to build a product that is regulatorily efficient. I think your instinct is right. I think you need to focus on a product that has those useful characteristics besides those long-term speculative uses. There should be immediate real goals and real benefits. + +The CFTC has been aggressive. They went after Intrade because of predictions on oil prices and so on. So they went after them on the basis of a similarity to commodities. So they have been aggressive about reaching outside the United States when they want to. + +If you are broadcasting prices on which contracts are based, if you are functioning like the Wall Street Journal and just publishing information, generally it creates no liability as long as it is truthful. If you are playing a larger role somehow, then there might be a liability. Who is performing what function? In the traditional world, we knew who the swap execution facility was. So in the blockchain maybe that's not true, maybe the developers will be called into it? We don't know. That's part of the uncertainty that we face in this industry. We need short and straightforward conversations. The law always lags behind business models and innovation. For many of the creative things that will be built, there is no clear law for whether you can do it. You need to sit down with attorneys and go through all the facts. Is there something that makes it clearly illegal? Generally there's a risk profile. What are the factors that agencies will consider? Are you in the light, or dar grey, or dark dark? Also understand how, and this is what we often do, you are proposing you want to do this, if you make some light changes you might be in a much safer legal position. So that's part of the process of figuring out what to launch to minimize the chance of getting shut down by one of the agencies before you get far enough out of the blocks. |