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Athirah Syamimi

Athirah Syamimi

3 years ago

Here's How I Built A Business Offering Unlimited Design Services in Just One Weekend.

More on Entrepreneurship/Creators

Sanjay Priyadarshi

Sanjay Priyadarshi

3 years ago

A 19-year-old dropped out of college to build a $2,300,000,000 company in 2 years.

His success was unforeseeable.

2014 saw Facebook's $2.3 billion purchase of Oculus VR.

19-year-old Palmer Luckey founded Oculus. He quit journalism school. His parents worried about his college dropout.

Facebook bought Oculus VR in less than 2 years.

Palmer Luckey started Anduril Industries. Palmer has raised $385 million with Anduril.

The Oculus journey began in a trailer

Palmer Luckey, 19, owned the trailer.

Luckey had his trailer customized. The trailer had all six of Luckey's screens. In the trailer's remaining area, Luckey conducted hardware tests.

At 16, he became obsessed with virtual reality. Virtual reality was rare at the time.

Luckey didn't know about VR when he started.

Previously, he liked "portabilizing" mods. Hacking ancient game consoles into handhelds.

In his city, fewer portabilizers actively traded.

Luckey started "ModRetro" for other portabilizers. Luckey was exposed to VR headsets online.

Luckey:

“Man, ModRetro days were the best.”

Palmer Luckey used VR headsets for three years. His design had 50 prototypes.

Luckey used to work at the Long Beach Sailing Center for minimum salary, servicing diesel engines and cleaning boats.

Luckey worked in a USC Institute for Creative Technologies mixed reality lab in July 2011. (ICT).

Luckey cleaned the lab, did reports, and helped other students with VR projects.

Luckey's lab job was dull.

Luckey chose to work in the lab because he wanted to engage with like-minded folks.

By 2012, Luckey had a prototype he hoped to share globally. He made cheaper headsets than others.

Luckey wanted to sell an easy-to-assemble virtual reality kit on Kickstarter.

He realized he needed a corporation to do these sales legally. He started looking for names. "Virtuality," "virtual," and "VR" are all taken.

Hence, Oculus.

If Luckey sold a hundred prototypes, he would be thrilled since it would boost his future possibilities.

John Carmack, legendary game designer

Carmack has liked sci-fi and fantasy since infancy.

Carmack loved imagining intricate gaming worlds.

His interest in programming and computer science grew with age.

He liked graphics. He liked how mismatching 0 and 1 might create new colors and visuals.

Carmack played computer games as a teen. He created Shadowforge in high school.

He founded Id software in 1991. When Carmack created id software, console games were the best-sellers.

Old computer games have weak graphics. John Carmack and id software developed "adaptive tile refresh."

This technique smoothed PC game scrolling. id software launched 3-D, Quake, and Doom using "adaptive tile refresh."

These games made John Carmack a gaming star. Later, he sold Id software to ZeniMax Media.

How Palmer Luckey met Carmack

In 2011, Carmack was thinking a lot about 3-D space and virtual reality.

He was underwhelmed by the greatest HMD on the market. Because of their flimsiness and latency.

His disappointment was partly due to the view (FOV). Best HMD had 40-degree field of view.

Poor. The best VR headset is useless with a 40-degree FOV.

Carmack intended to show the press Doom 3 in VR. He explored VR headsets and internet groups for this reason.

Carmack identified a VR enthusiast in the comments section of "LEEP on the Cheap." "PalmerTech" was the name.

Carmack approached PalmerTech about his prototype. He told Luckey about his VR demos, so he wanted to see his prototype.

Carmack got a Rift prototype. Here's his May 17 tweet.

John Carmack tweeted an evaluation of the Luckey prototype.

Dan Newell, a Valve engineer, and Mick Hocking, a Sony senior director, pre-ordered Oculus Rift prototypes with Carmack's help.

Everyone praised Luckey after Carmack demoed Rift.

Palmer Luckey received a job offer from Sony.

  • It was a full-time position at Sony Computer Europe.

  • He would run Sony’s R&D lab.

  • The salary would be $70k.

Who is Brendan Iribe?

Brendan Iribe started early with Startups. In 2004, he and Mike Antonov founded Scaleform.

Scaleform created high-performance middleware. This package allows 3D Flash games.

In 2011, Iribe sold Scaleform to Autodesk for $36 million.

How Brendan Iribe discovered Palmer Luckey.

Brendan Iribe's friend Laurent Scallie.

Laurent told Iribe about a potential opportunity.

Laurent promised Iribe VR will work this time. Laurent introduced Iribe to Luckey.

Iribe was doubtful after hearing Laurent's statements. He doubted Laurent's VR claims.

But since Laurent took the name John Carmack, Iribe thought he should look at Luckey Innovation. Iribe was hooked on virtual reality after reading Palmer Luckey stories.

He asked Scallie about Palmer Luckey.

Iribe convinced Luckey to start Oculus with him

First meeting between Palmer Luckey and Iribe.

The Iribe team wanted Luckey to feel comfortable.

Iribe sought to convince Luckey that launching a company was easy. Iribe told Luckey anyone could start a business.

Luckey told Iribe's staff he was homeschooled from childhood. Luckey took self-study courses.

Luckey had planned to launch a Kickstarter campaign and sell kits for his prototype. Many companies offered him jobs, nevertheless.

He's considering Sony's offer.

Iribe advised Luckey to stay independent and not join a firm. Iribe asked Luckey how he could raise his child better. No one sees your baby like you do?

Iribe's team pushed Luckey to stay independent and establish a software ecosystem around his device.

After conversing with Iribe, Luckey rejected every job offer and merger option.

Iribe convinced Luckey to provide an SDK for Oculus developers.

After a few months. Brendan Iribe co-founded Oculus with Palmer Luckey. Luckey trusted Iribe and his crew, so he started a corporation with him.

Crowdfunding

Brendan Iribe and Palmer Luckey launched a Kickstarter.

Gabe Newell endorsed Palmer's Kickstarter video.

Gabe Newell wants folks to trust Palmer Luckey since he's doing something fascinating and answering tough questions.

Mark Bolas and David Helgason backed Palmer Luckey's VR Kickstarter video.

Luckey introduced Oculus Rift during the Kickstarter campaign. He introduced virtual reality during press conferences.

Oculus' Kickstarter effort was a success. Palmer Luckey felt he could raise $250,000.

Oculus raised $2.4 million through Kickstarter. Palmer Luckey's virtual reality vision was well-received.

Mark Zuckerberg's Oculus discovery

Brendan Iribe and Palmer Luckey hired the right personnel after a successful Kickstarter campaign.

Oculus needs a lot of money for engineers and hardware. They needed investors' money.

Series A raised $16M.

Next, Andreessen Horowitz partner Brain Cho approached Iribe.

Cho told Iribe that Andreessen Horowitz could invest in Oculus Series B if the company solved motion sickness.

Mark Andreessen was Iribe's dream client.

Marc Andreessen and his partners gave Oculus $75 million.

Andreessen introduced Iribe to Zukerberg. Iribe and Zukerberg discussed the future of games and virtual reality by phone.

Facebook's Oculus demo

Iribe showed Zuckerberg Oculus.

Mark was hooked after using Oculus. The headset impressed him.

The whole Facebook crew who saw the demo said only one thing.

“Holy Crap!”

This surprised them all.

Mark Zuckerberg was impressed by the team's response. Mark Zuckerberg met the Oculus team five days after the demo.

First meeting Palmer Luckey.

Palmer Luckey is one of Mark's biggest supporters and loves Facebook.

Oculus Acquisition

Zuckerberg wanted Oculus.

Brendan Iribe had requested for $4 billion, but Mark wasn't interested.

Facebook bought Oculus for $2.3 billion after months of drama.

After selling his company, how does Palmer view money?

Palmer loves the freedom money gives him. Money frees him from small worries.

Money has allowed him to pursue things he wouldn't have otherwise.

“If I didn’t have money I wouldn’t have a collection of vintage military vehicles…You can have nice hobbies that keep you relaxed when you have money.”

He didn't start Oculus to generate money. His virtual reality passion spanned years.

He didn't have to lie about how virtual reality will transform everything until he needed funding.

The company's success was an unexpected bonus. He was merely passionate about a good cause.

After Oculus' $2.3 billion exit, what changed?

Palmer didn't mind being rich. He did similar things.

After Facebook bought Oculus, he moved to Silicon Valley and lived in a 12-person shared house due to high rents.

Palmer might have afforded a big mansion, but he prefers stability and doing things because he wants to, not because he has to.

“Taco Bell is never tasted so good as when you know you could afford to never eat taco bell again.”

Palmer's leadership shifted.

Palmer changed his leadership after selling Oculus.

When he launched his second company, he couldn't work on his passions.

“When you start a tech company you do it because you want to work on a technology, that is why you are interested in that space in the first place. As the company has grown, he has realized that if he is still doing optical design in the company it’s because he is being negligent about the hiring process.”

Once his startup grows, the founder's responsibilities shift. He must recruit better firm managers.

Recruiting talented people becomes the top priority. The founder must convince others of their influence.

A book that helped me write this:

The History of the Future: Oculus, Facebook, and the Revolution That Swept Virtual Reality — Blake Harris


*This post is a summary. Read the full article here.

Keagan Stokoe

Keagan Stokoe

3 years ago

Generalists Create Startups; Specialists Scale Them

There’s a funny part of ‘Steve Jobs’ by Walter Isaacson where Jobs says that Bill Gates was more a copier than an innovator:

“Bill is basically unimaginative and has never invented anything, which is why I think he’s more comfortable now in philanthropy than technology. He just shamelessly ripped off other people’s ideas….He’d be a broader guy if he had dropped acid once or gone off to an ashram when he was younger.”

Gates lacked flavor. Nobody ever got excited about a Microsoft launch, despite their good products. Jobs had the world's best product taste. Apple vs. Microsoft.

A CEO's core job functions are all driven by taste: recruiting, vision, and company culture all require good taste. Depending on the type of company you want to build, know where you stand between Microsoft and Apple.

How can you improve your product judgment? How to acquire taste?

Test and refine

Product development follows two parallel paths: the ‘customer obsession’ path and the ‘taste and iterate’ path.

The customer obsession path involves solving customer problems. Lean Startup frameworks show you what to build at each step.

Taste-and-iterate doesn't involve the customer. You iterate internally and rely on product leaders' taste and judgment.

Creative Selection by Ken Kocienda explains this method. In Creative Selection, demos are iterated and presented to product leaders. Your boss presents to their boss, and so on up to Steve Jobs. If you have good product taste, you can be a panelist.

The iPhone follows this path. Before seeing an iPhone, consumers couldn't want one. Customer obsession wouldn't have gotten you far because iPhone buyers didn't know they wanted one.

In The Hard Thing About Hard Things, Ben Horowitz writes:

“It turns out that is exactly what product strategy is all about — figuring out the right product is the innovator’s job, not the customer’s job. The customer only knows what she thinks she wants based on her experience with the current product. The innovator can take into account everything that’s possible, but often must go against what she knows to be true. As a result, innovation requires a combination of knowledge, skill, and courage.“

One path solves a problem the customer knows they have, and the other doesn't. Instead of asking a person what they want, observe them and give them something they didn't know they needed.

It's much harder. Apple is the world's most valuable company because it's more valuable. It changes industries permanently.

If you want to build superior products, use the iPhone of your industry.

How to Improve Your Taste

I. Work for a company that has taste.

People with the best taste in products, markets, and people are rewarded for building great companies. Tasteful people know quality even when they can't describe it. Taste isn't writable. It's feel-based.

Moving into a community that's already doing what you want to do may be the best way to develop entrepreneurial taste. Most company-building knowledge is tacit.

Joining a company you want to emulate allows you to learn its inner workings. It reveals internal patterns intuitively. Many successful founders come from successful companies.

Consumption determines taste. Excellence will refine you. This is why restauranteurs visit the world's best restaurants and serious painters visit Paris or New York. Joining a company with good taste is beneficial.

2. Possess a wide range of interests

“Edwin Land of Polaroid talked about the intersection of the humanities and science. I like that intersection. There’s something magical about that place… The reason Apple resonates with people is that there’s a deep current of humanity in our innovation. I think great artists and great engineers are similar, in that they both have a desire to express themselves.” — Steve Jobs

I recently discovered Edwin Land. Jobs modeled much of his career after Land's. It makes sense that Apple was inspired by Land.

A Triumph of Genius: Edwin Land, Polaroid, and the Kodak Patent War notes:

“Land was introverted in person, but supremely confident when he came to his ideas… Alongside his scientific passions, lay knowledge of art, music, and literature. He was a cultured person growing even more so as he got older, and his interests filtered into the ethos of Polaroid.”

Founders' philosophies shape companies. Jobs and Land were invested. It showed in the products their companies made. Different. His obsession was spreading Microsoft software worldwide. Microsoft's success is why their products are bland and boring.

Experience is important. It's probably why startups are built by generalists and scaled by specialists.

Jobs combined design, typography, storytelling, and product taste at Apple. Some of the best original Mac developers were poets and musicians. Edwin Land liked broad-minded people, according to his biography. Physicist-musicians or physicist-photographers.

Da Vinci was a master of art, engineering, architecture, anatomy, and more. He wrote and drew at the same desk. His genius is remembered centuries after his death. Da Vinci's statue would stand at the intersection of humanities and science.

We find incredibly creative people here. Superhumans. Designers, creators, and world-improvers. These are the people we need to navigate technology and lead world-changing companies. Generalists lead.

Jenn Leach

Jenn Leach

3 years ago

I created a faceless TikTok account. Six months later.

Follower count, earnings, and more

Photo by Jenna Day on Unsplash

I created my 7th TikTok account six months ago. TikTok's great. I've developed accounts for Amazon products, content creators/brand deals education, website flipping, and more.

Introverted or shy people use faceless TikTok accounts.

Maybe they don't want millions of people to see their face online, or they want to remain anonymous so relatives and friends can't locate them.

Going faceless on TikTok can help you grow a following, communicate your message, and make money online.

Here are 6 steps I took to turn my Tik Tok account into a $60,000/year side gig.

From nothing to $60K in 6 months

It's clickbait, but it’s true. Here’s what I did to get here.

Quick context:

I've used social media before. I've spent years as a social creator and brand.

I've built Instagram, TikTok, and YouTube accounts to nearly 100K.

How I did it

First, select a niche.

If you can focus on one genre on TikTok, you'll have a better chance of success, however lifestyle creators do well too.

Niching down is easier, in my opinion.

Examples:

  • Travel

  • Food

  • Kids

  • Earning cash

  • Finance

You can narrow these niches if you like.

During the pandemic, a travel blogger focused on Texas-only tourism and gained 1 million subscribers.

Couponing might be a finance specialization.

One of my finance TikTok accounts gives credit tips and grants and has 23K followers.

Tons of ways you can get more specific.

Consider how you'll monetize your TikTok account. I saw many enormous TikTok accounts that lose money.

Why?

They can't monetize their niche. Not impossible to commercialize, but tough enough to inhibit action.

First, determine your goal.

In this first step, consider what your end goal is.

Are you trying to promote your digital products or social media management services?

You want brand deals or e-commerce sales.

This will affect your TikTok specialty.

This is the first step to a TikTok side gig.

Step 2: Pick a content style

Next, you want to decide on your content style.

Do you do voiceover and screenshots?

You'll demonstrate a product?

Will you faceless vlog?

Step 3: Look at the competition

Find anonymous accounts and analyze what content works, where they thrive, what their audience wants, etc.

This can help you make better content.

Like the skyscraper method for TikTok.

Step 4: Create a content strategy.

Your content plan is where you sit down and decide:

  • How many videos will you produce each day or each week?

  • Which links will you highlight in your biography?

  • What amount of time can you commit to this project?

You may schedule when to post videos on a calendar. Make videos.

5. Create videos.

No video gear needed.

Using a phone is OK, and I think it's preferable than posting drafts from a computer or phone.

TikTok prefers genuine material.

Use their app, tools, filters, and music to make videos.

And imperfection is preferable. Tik okers like to see videos made in a bedroom, not a film studio.

Make sense?

When making videos, remember this.

I personally use my phone and tablet.

Step 6: Monetize

Lastly, it’s time to monetize How will you make money? You decided this in step 1.

Time to act!

For brand agreements

  • Include your email in the bio.

  • Share several sites and use a beacons link in your bio.

  • Make cold calls to your favorite companies to get them to join you in a TikTok campaign.

For e-commerce

  • Include a link to your store's or a product's page in your bio.

For client work

  • Include your email in the bio.

  • Use a beacons link to showcase your personal website, portfolio, and other resources.

For affiliate marketing

  • Include affiliate product links in your bio.

  • Join the Amazon Influencer program and provide a link to your storefront in your bio.

$60,000 per year from Tik Tok?

Yes, and some creators make much more.

Tori Dunlap (herfirst100K) makes $100,000/month on TikTok.

My TikTok adventure took 6 months, but by month 2 I was making $1,000/month (or $12K/year).

By year's end, I want this account to earn $100K/year.

Imagine if my 7 TikTok accounts made $100K/year.

7 Tik Tok accounts X $100K/yr = $700,000/year

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caroline sinders

caroline sinders

3 years ago

Holographic concerts are the AI of the Future.

the Uncanny Valley of ABBA Voyage

A few days ago, I was discussing dall-e with two art and tech pals. One artist acquaintance said she knew a frightened illustrator. Would the ability to create anything with a click derail her career? The artist feared this. My curator friend smiled and said this has always been a dread among artists. When the camera was invented, didn't painters say this? Even in the Instagram era, painting exists.

When art and technology collide, there's room for innovation, experimentation, and fear — especially if the technology replicates or replaces art making. What is art's future with dall-e? How does technology affect music, beyond visual art? Recently, I saw "ABBA Voyage," a holographic ABBA concert in London.

"Abba voyage?" my phone asked in early March. A Gen X friend I met through a fashion blogging ring texted me.

"What's abba Voyage?" I asked while opening my front door with keys and coffee.

We're going! Marti, visiting London, took me to a show.

"Absolutely no ABBA songs here." I responded.

My parents didn't play ABBA much, so I don't know much about them. Dad liked Jimi Hendrix, Cream, Deep Purple, and New Orleans jazz. Marti told me ABBA Voyage was a holographic ABBA show with a live band.

The show was fun, extraordinary fun. Nearly everyone on the dance floor wore wigs, ankle-breaking platforms, sequins, and bellbottoms. I saw some millennials and Zoomers among the boomers.

I was intoxicated by the experience.

Automatons date back to the 18th-century mechanical turk. The mechanical turk was a chess automaton operated by a person. The mechanical turk seemed to perform like a human without human intervention, but it required a human in the loop to work properly.

Humans have used non-humans in entertainment for centuries, such as puppets, shadow play, and smoke and mirrors. A show can have animatronic, technological, and non-technological elements, and a live show can blur real and illusion. From medieval puppet shows to mechanical turks to AI filters, bots, and holograms, entertainment has evolved over time.

I'm not a hologram skeptic, but I'm skeptical of technology, especially since I work with it. I love live performances, I love hearing singers breathe, forget lines, and make jokes. Live shows are my favorite because I love watching performers make mistakes or interact with the audience. ABBA Voyage was different.

Marti and I traveled to Manchester after ABBA Voyage to see Liam Gallagher. Similar but different vibe. Similar in that thousands dressed up for the show. ABBA's energy was dizzying. 90s chic replaced sequins in the crowd. Doc Martens, nylon jackets, bucket hats, shaggy hair. The Charlatans and Liam Gallagher opened and closed, respectively. Fireworks. Incredible. People went crazy. Yelling exhausted my voice.

This week in music featured AI-enabled holograms and a decades-old rocker. Both are warm and gooey in our memories.

After seeing both, I'm wondering if we need AI hologram shows. Why? Is it good?

Like everything tech-related, my answer is "maybe." Because context and performance matter. Liam Gallagher and ABBA both had great, different shows.

For a hologram to work, it must be impossible and big. It must be big, showy, and improbable to justify a hologram. It must feel...expensive, like a stadium pop show. According to a quick search, ABBA broke up on bad terms. Reuniting is unlikely. This is also why Prince or Tupac hologram shows work. We can only engage with their legacy through covers or...holograms.

I drove around listening to the radio a few weeks ago. "Dreaming of You" by Selena played. Selena's music defined my childhood. I sang along and turned up the volume (or as loud as my husband would allow me while driving on the highway).

I discovered Selena's music six months after her death, so I never saw her perform live. My babysitter Melissa played me her album after I moved to Houston. Melissa took me to see the Selena movie five times when it came out. I quickly wore out my VHS copy. I constantly sang "Bibi Bibi Bom Bom" and "Como la Flor." I love Selena. A Selena hologram? Yes, probably.

Instagram advertised a cellist's Arthur Russell tribute show. Russell is another deceased artist I love. I almost walked down the aisle to "This is How We Walk on the Moon," but our cellist couldn't find it. Instead, I walked to Magnetic Fields' "The Book of Love." I "discovered" Russell after a friend introduced me to his music a few years ago.

I use these as analogies for the Liam Gallagher and ABBA concerts.

You have no idea how much I'd pay to see a hologram of Selena's 1995 Houston Livestock Show and Rodeo concert. Arthur Russell's hologram is unnecessary. Russell's work was intimate and performance-based. We can't separate his life from his legacy; popular audiences overlooked his genius. He died of AIDS broke. Like Selena, he died prematurely. Given his music and history, another performer would be a better choice than a hologram. He's no Selena. Selena could have rivaled Beyonce.

Pop shows' size works for holograms. Along with ABBA holograms, there was an anime movie and a light show that would put Tron to shame. ABBA created a tourable stadium show. The event was lavish, expensive, and well-planned. Pop, unlike rock, isn't gritty. Liam Gallagher hologram? No longer impossible, it wouldn't work. He's touring. I'm not sure if a rockstar alone should be rendered as a hologram; it was the show that made ABBA a hologram.

Holograms, like AI, are part of the future of entertainment, but not all of it. Because only modern interpretations of Arthur Russell's work reveal his legacy. That's his legacy.

the ABBA holograms onstage, performing

Large-scale arena performers may use holograms in the future, but the experience must be impossible. A teacher once said that the only way to convey emotion in opera is through song, and I feel the same way about holograms, AR, VR, and mixed reality. A story's impossibility must make sense, like in opera. Impossibility and bombastic performance must be present for an immersive element to "work." ABBA was an impossible and improbable experience, which made it magical. It helped the holographic show work.

Marti told me about ABBA Voyage. She said it was a great concert. Marti has worked in music since the 1990s. She's a music expert; she's seen many shows.

Ai isn't a god or sentient, and the ABBA holograms aren't real. The renderings were glassy-eyed, flat, and robotic, like the Polar Express or the Jaws shark. Even today, the uncanny valley is insurmountable. We know it's not real because it's not about reality. It was about a suspended moment and performance feelings.

I knew this was impossible, an 'unreal' experience, but the emotions I felt were real, like watching a movie or tv show. Perhaps this is one of the better uses of AI, like CGI and special effects, like the beauty of entertainment- we were enraptured and entertained for hours. I've been playing ABBA since then.

Nathan Reiff

Nathan Reiff

3 years ago

Howey Test and Cryptocurrencies: 'Every ICO Is a Security'

What Is the Howey Test?

To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts." 

The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.

Understanding the Howey Test

The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land. 

The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.

This established four criteria for determining an investment contract. Investing contract:

  1. An investment of money
  2. n a common enterprise
  3. With the expectation of profit
  4. To be derived from the efforts of others

In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.

Howey Test and Cryptocurrencies

Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.

The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test. 

Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."

For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.

These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."

Special Considerations

If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register. 

In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry. 

Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities. 

SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'

Howey Test FAQs

How Do You Determine If Something Is a Security?

The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.

The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.

Why Is Bitcoin Not a Security?

Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.

Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities. 

A Security Defined by the SEC

In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.

The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:

  • An investment contract's existence
  • The formation of a common enterprise
  • The issuer's profit promise
  • Third-party promotion of the offering

Read original post.

Marcus Lu

Marcus Lu

2 years ago

The Brand Structure of U.S. Electric Vehicle Production

Will Tesla be able to maintain its lead in the EV market for very long?

This is one of the most pressing issues in the American auto sector today. One positive aspect of Tesla is the company's devoted customer base and recognizable name recognition (similar to Apple). It also invests more in research and development per vehicle than its rivals and has a head start in EV production.

Conversely, established automakers like Volkswagen are actively plotting their strategy to surpass Tesla. As the current market leaders, they have decades of experience in the auto industry and are spending billions to catch up.

We've visualized data from the EPA's 2022 Automotive Trends Report to bring you up to speed on this developing story.

Info for the Model Year of 2021

The full production data used in this infographic is for the 2021 model year, but it comes from a report for 2022.

Combined EV and PHEV output is shown in the table below (plug-in hybrid electric vehicle).

It is important to note that Toyota and Stellantis, the two largest legacy automakers in this dataset, only produced PHEVs. Toyota's first electric vehicle, the bZ4X, won't hit the market until 2023.

Stellantis seems to be falling even further behind, despite having enormous unrealized potential in its Jeep and Ram brands. Stellantis CEO Carlos Tavares said in a recent interview that the firm has budgeted $36 billion for electrification and software.

Legacy Brands with the Most Momentum

In the race to develop electric vehicles, some long-standing manufacturers have gotten the jump on their rivals.

Volkswagen, one of these storied manufacturers, has made a significant investment in electric vehicles (EVs) in the wake of the Dieselgate scandal. The company plans to roll out multiple EV models, including the ID.3 hatchback, ID.4 SUV, and ID. Buzz, with the goal of producing 22 million EVs by 2028. (an electric revival of the classic Microbus).

Even Ford is keeping up, having just announced an EV investment of $22 billion between 2021 and 2025. In November of 2022, the company manufactured their 150,000th Mustang Mach-E, and by the end of 2023, they hoped to have 270,000 of them in circulation.

Additionally, over 200,000 F-150 Lightnings have been reserved since Ford announced the truck. The Lightning is scheduled to have a production run of 15,000 in 2022, 55,000 in 2023, and 80,000 in 2024. Ford's main competitor in the electric pickup truck segment, Rivian, is on track to sell 25,000 vehicles by 2022.