I understand your token thingie can be used like a digital coin to redeem for data, but surely that doesn't require a blockchain... you can just do internal accounting of the digital coins in MySQL? Then you wouldn't have to pay the Ethereum network for every state change or transaction so you could cut costs.
EDIT: I just had a realization. This means you intentionally chose inefficient tech (Ethereum as a database for your coin) JUST so you can pay for a regulatory circumvention mechanism. Oh god...
AirBnB -- sure
Palantir -- They may be scummy in other ways, but I don't think they're based on avoiding regulations
WeWork -- I don't think they're ignoring zoning or whatever
SpaceX -- No. But maybe they don't count because LA?
Pinterest -- No.
Dropbox -- No.
Stripe -- No.
Hulu -- No.
Lyft -- sure
Magic Leap -- Nope.
Zenefits -- Okay, sure.
Cloudera -- Not even a little.
Credit Karma -- I don't think so.
Docusign -- No.
That's how far down the list of wikipedia's unicorn startups I got before I got bored.
Notice the way that is phrased. The whole backlash across the western middle class against the "liberal elite" is a sense of "all tech has done for me is replace my nice union job with a gig job driving for Uber". There is a real sense that Silicon Valley doesn't have to play by the same rules as the rest of us, and people want that to stop.
No. He's not selling shares in the company. He's selling the product, he just hasn't built it yet.
The reason to do this on Ethereum instead of MySQL is partly because it makes it easier for users to exchange tokens with one another, partly because the infrastructure is already built, and mostly because people ho mad for it and it seems to be an easy way to get millions of dollars.
I think almost all ICOs are basically scams, but that doesn't mean they're just a way to sell shares without regulations.
Edit: and in fact the vast majority of Ethereum network costs are paid by the customers, not the company. I'm confident that using Ethereum for this is a cost-saver relative to MySQL, but it wouldn't even matter if it wasn't because of the huge ICO craze.
Probably the most relevant part of the SEC's report on the DAO [0] for you is this sentence: "These offers and sales have been referred to, among other things, as “Initial Coin Offerings” or “Token Sales.” Accordingly, the Commission deems it appropriate and in the public interest to issue this Report in order to stress that the U.S. federal securities law may apply to various activities, including distributed ledger technology, depending on the particular facts and circumstances, without regard to the form of the organization or technology used to effectuate a particular offer or sale."
To put it simply: it doesn't matter what you call it. If it passes the Howey test, they'll deem it a security. If I fold my company's share into a paper airplane and call it a "utility share" (or "AirShare" ;) ) because I now have a use for the piece of paper, it's still a security.
[0] https://www.sec.gov/news/press-release/2017-131