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Re:Ponzi Schemes Using Virtual Currencies (2014) [pdf] by CryptoPunk on Tuesday October 03, 2017 @10:34PM (#15397887)
I'm not a lawyer but from what I've read, the Howey Test is more specific than 4 would suggest.

An unqualified read of 4 would count digital pokemons as securities. The effort has to be in the active management of the enterprise, and most of the profit has to come from this management - as you'd see in someone running a business - for the investment to be deemed a securities transaction.

In the case of Pokemon, or cryptocurrency, most of the value comes from the activity of the users.

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