Investor Alert: Public Companies Making ICO-Related Claims
investor.gov
investor.gov
https://www.bloomberg.com/view/articles/2017-08-25/insider-t...
> "We have been very busy generating more than 100 unique cryptocurrencies ranging from disrupting the air-miles-loyalty industry to providing solutions to the cannabis industry."
100?! So they're just copy/pasting the Bitcoin source under different altcoin names, and calling it innovation?
> "In order to purchase and support WEED anyone that sends 1 President Johnson coin ($GARY) to the Company’s Omni Layer Bitcoin Wallet will receive 1 WEED coin into their Omni Wallet."
Wow.
1) have some scarcity, and 2) have some useful purpose.
I can see how these coins get scarcity, but what is their useful purpose? What can I do with FacebookKillerCoin or TwitterKillerCoin or EAGamesKillerCoin? If they're just essentially 'gift card currency' and the company will buy them off me in exchange for their products, why use a blockchain in the first place? Just call them loyalty points or whatever.
'Coins' have value because a corpus of people has agreed it; you can exchange one for anything of you can convince someone else the coin has a particular value (which might just mean that it works as a stable exchange currency).
Why bother pitching to people who are actually qualified to review your claims and business model?
IANAL, but I think the penalties for improperly selling securities are pretty severe, for good reason.
I can't begin to explain this to someone who has been locked into the traditional mindset. Everyone on HN knew about bitcoin before everyone else did yet most still missed out on 450,000% gains if buying in at $1. Sometimes the future is staring you in the face but you can't accept reality.
Why is this better than crowdfunding in general??
a) the token is redeemable, and in that case why buy securities you don't intended to use (speculation is the only reason) b) or the company folds before delivering and the token is worthless, so by selling it you are just pushing the loss to a greater fool
Either way, this is objectively worse than Kickstarter.
People who buy diamonds, physical diamonds, may be speculating on them. Others may actually like the diamond. For whatever reason, they bought the diamond, and now own it, and can resell it. It isn't illegal to buy something in the hope it goes up in value. People do that all the time with videogames, cars, whatever.
Now, let's say ownership of a diamond was moved to the the blockchain. Not only could you buy and transfer it easily, provably, securely - you could even buy 0.000000001 diamonds, or 100000 diamonds, just as easily.
In my opinion, all of this is objectively better than kickstarter.
Sure, because you don't even have the little bit of oversight that kickstarter offers. In your case you can just keep pumping coins into the market while they have any meaningful amount of value. Then when they are worthless you just claim your project failed and take the money from selling the coins.
And what justifies these tokens you are offering having such a variable price? They aren't tied to the company equity or actual success of the company, but for your inability to launch when they would become completely valueless, in fact you claim they are a utility transferable for data but why would the price of the product/data being offered fluctuate other than speculation of a blockchain based crypto coin separate having nothing to so with the alleged utility.
The same reason the price of anything fluctuates. Do you think the price of mobile data should be different?
You can claim it's the same reason anything fluctuates, but point me to other products/goods/services with prelaunch fluctuating pricing.
If mobile data becomes more of a commodity, it, too, will have a free-floating price.
If you think the tokens (equity or not) are likely to become worthless, you can sell them to somebody else, as long as there is anybody willing to buy. It doesn't matter that it's not equity.
Even if it was equity, at the point where it was a dead cert that the tokens would be worthless, they'd still be worthless, regardless of how hard the SEC ensures that you own a slice of that worthlessness.
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.
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.
What you're not taking into account is macroeconomics. When you let anyone do whatever they want, it is very likely that the rich will get richer (because they are more informed) and the poor will get poorer. And with that comes corruption. That's why the government steps in to break off organizations that become too large and make sure things like antitrust don't happen.
If you think the society is unjust, first try to learn WHY things work that way, that way you may either come up with a solution that can solve it, or go build your own nation, or at the least understand what's going on.
The some obvious examples are environmental and food safety. Another is financial regulations to prevent "too big to fail" institutions from taking wild risks that result in bailouts with taxpayer funds.
A producer who skimps on food safety can save costs, and the externality is people getting sick, through no fault of their own.
And if your vegetables being "contaminated in ways that you can't reasonably detect" isn't a case of you not knowing what is good for you, I don't know what is.
we have regulation to prevent people from being misled.
If you assume that everyone is an informed, rational actor, then the rules are silly. I would argue that this is an incorrect assumption.
Really I think it's just too hard to scale the protections and legal mechanisms. ICO solves some (not all) of the scalability problems.
ICOs, penny stocks, and other scams being advertised in the cash4gold shops with a pushy salesperson? Yes, that'd be a problem, and the obvious result of no regulation.
In the EU, there are a lot of regulations around marketing securities to inexperienced investors, and if you screw up, you are liable.
So are you against (1) crowdfunding, Kickstarter, etc?
Or are you against (2) token trading markets?
i agree, its a problem. but its solveable.
One of these is a doohickey. The other sounds awfully like a security...
The ICO craze has clarified, if it wasn't obvious before, why the incubator/seed -> Series A -> Series BCD etc is what it is. The scale of each successive stage of fundraising is indexed to the execution and progress of the product & business development, keeping the startup team motivated and the investors' risk exposure mitigated. ICO's that take in huge amounts of money frontload most of the investors' risk, leaving their only assurance as some kind of ideology-driven social contract where the ICO is now an "endowment" and must manage itself and reinvest its capital in such a way that builds it product as well as the rest of the ecosystem. But that all depends on the founders maintaining their motivation instead of heading off to a private island for the rest of their lives.
As an old guy, I can say with equally "unquestionable" authority that you're going to look back on this statement and cringe one day.
And of course Ethereum's own crowdsale in 2014 was a fundraising operation that made the whole project possible, and Augur itself used the money it raised in its token sale to fund development.
>ICO's of some form are unquestionably the future of raising capital for most tech companies up to a certain size
But do not mention "in the fintech space" or even software companies - you just say "most tech companies up to a certain size."
May I ask what the largest/most successful "traditional" tech company that used an ICO is? By "traditional" I mean that their tech has nothing to do with blockchains and they could have also just raised money on angellist, and today are just a normal tech company shipping some kind of a product, like a hoverboard.
i.e. nothing related to ICO's or anything like that. Out of such 'traditional' tech startups (that just used it as an alternative to angel and VC money) what is the largest and most succesful one? (Or what are some of them.)
I am not asking for anything related to blockchain or fintech as such companies are easy to find. Thank you.
I take your response to mean that you don't know of a single ("traditional") tech company outside of fintech or blockchain-related technology that has used ICO's instead of angellist/VC's investors. But your response makes it clear that this will happen in the future.
I hope I have this right? Thank you.
The old system is no different from how ICOs work. The difference is that now everyone can participate, not just those who are wealthy and have the right connections (i.e., insiders).
I don't think this will be the death of the crappy VC model as we know it, but I think that opening up the market to everyone is a wonderful thing.
Most of the big things are either tied around vice or price. If an early adopter (or group of them, depending on your Spoofy theories) decide to manipulate the price enough to pump the price and create floors, they can. I haven't seen a killer app that specifically adds to people's lives in a way that doesn't provide liquidity to human rights violators (backpage, DNMs, kids/adults committing fraud, etc).
Sure, there's Venezuela using and mining Bitcoin because their currency is unusable, but Bitcoin wasn't designed precisely for them.
Shite companies love to prop up their use cases on developing country citizens (Coinbase with their 'African mothers will use us for businesses instead of M-Pesa' ), but the practical matter at hand is that most of these developing countries don't have stable enough internet and crypto-liquidity in a way that's conducive to using crypto on their phones.
Where's the funding round for decentralized Wi-Fi balloons, or a legitimate competitor to M-Pesa? They're about as practical as another decentralized storage platform with minimal commits since the token sale and an ICO that raised a quarter billion based on hype
I'm hugely bullish on Bitcoin and crypto in general, but ICOs are like a bad joke that won't die (look at e.g. https://icowatchlist.com/ and tell me that isn't a fucking farce). I'd love for ICOs to be able to democratize investing, but the information asymmetry is too large. At best, you enable tech workers to make some more money if they're smart and understand a particular business space.
No, a 'blockchain powered' competitor to WeWork (i.e. Primalbase) and the billion other office-share companies isn't going to find any competitive advantage with Ether. None whatsoever. Yet they managed to fleece millions out of gullible investors. Tell me, do you honestly think that's a 7 million dollar idea? Oh, sorry, closer to 9 million when you count the non-public tokens. Late to the game in a super-saturated market that's 99% real estate? Have fun, I guess.
At least your Airtoken thing doesn't reek of scam; there's something actually distributed and blockchain-y going on there. Perhaps you guys are completely legit; if so, kudos. I hope you don't get dragged down with the rest of the charlatans.
But take off the blinders and take an honest look at what is going on.
Tiny bulletin board companies are using buzzwords to get stock traders to buy their shares for no reason.
The alert is that one of the buzzwords is "ICO" and "token sale".
Just like when the buzzword was "internet" or "business chat" or "self driving car".
It is just an alert about the buzzword being used in the stock market, before people FOMO.
This alert isn't about or geared towards ICOs or token sales.