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>The important difference being that Pokemon cards don't meet the Howey test: https://www.investopedia.com/terms/h/howey-test.asp

... Pokemon cards were only used as an example to explain what happened, almost like an ELI5. Whether they'd pass they Howey Test or not is irrelevant.



It's not irrelevant. It's a bad example because it creates an intuition that what was done was something very different than what was actually done.


> Whether they'd pass they Howey Test or not is irrelevant.

Not if you're the SEC enforcing securities laws, which only apply if they pass the Howey test.




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