More on Entrepreneurship/Creators

Ben Chino
3 years ago
100-day SaaS buildout.
We're opening up Maki through a series of Medium posts. We'll describe what Maki is building and how. We'll explain how we built a SaaS in 100 days. This isn't a step-by-step guide to starting a business, but a product philosophy to help you build quickly.
Focus on end-users.
This may seem obvious, but it's important to talk to users first. When we started thinking about Maki, we interviewed 100 HR directors from SMBs, Next40 scale-ups, and major Enterprises to understand their concerns. We initially thought about the future of employment, but most of their worries centered on Recruitment. We don't have a clear recruiting process, it's time-consuming, we recruit clones, we don't support diversity, etc. And as hiring managers, we couldn't help but agree.
Co-create your product with your end-users.
We went to the drawing board, read as many books as possible (here, here, and here), and when we started getting a sense for a solution, we questioned 100 more operational HR specialists to corroborate the idea and get a feel for our potential answer. This confirmed our direction to help hire more objectively and efficiently.
Back to the drawing board, we designed our first flows and screens. We organized sessions with certain survey respondents to show them our early work and get comments. We got great input that helped us build Maki, and we met some consumers. Obsess about users and execute alongside them.
Don’t shoot for the moon, yet. Make pragmatic choices first.
Once we were convinced, we began building. To launch a SaaS in 100 days, we needed an operating principle that allowed us to accelerate while still providing a reliable, secure, scalable experience. We focused on adding value and outsourced everything else. Example:
Concentrate on adding value. Reuse existing bricks.
When determining which technology to use, we looked at our strengths and the future to see what would last. Node.js for backend, React for frontend, both with typescript. We thought this technique would scale well since it would attract more talent and the surrounding mature ecosystem would help us go quicker.
We explored for ways to bootstrap services while setting down strong foundations that might support millions of users. We built our backend services on NestJS so we could extend into microservices later. Hasura, a GraphQL APIs engine, automates Postgres data exposing through a graphQL layer. MUI's ready-to-use components powered our design-system. We used well-maintained open-source projects to speed up certain tasks.
We outsourced important components of our platform (Auth0 for authentication, Stripe for billing, SendGrid for notifications) because, let's face it, we couldn't do better. We choose to host our complete infrastructure (SQL, Cloud run, Logs, Monitoring) on GCP to simplify our work between numerous providers.
Focus on your business, use existing bricks for the rest. For the curious, we'll shortly publish articles detailing each stage.
Most importantly, empower people and step back.
We couldn't have done this without the incredible people who have supported us from the start. Since Powership is one of our key values, we provided our staff the power to make autonomous decisions from day one. Because we believe our firm is its people, we hired smart builders and let them build.
Nicolas left Spendesk to create scalable interfaces using react-router, react-queries, and MUI. JD joined Swile and chose Hasura as our GraphQL engine. Jérôme chose NestJS to build our backend services. Since then, Justin, Ben, Anas, Yann, Benoit, and others have followed suit.
If you consider your team a collective brain, you should let them make decisions instead of directing them what to do. You'll make mistakes, but you'll go faster and learn faster overall.
Invest in great talent and develop a strong culture from the start. Here's how to establish a SaaS in 100 days.

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.

Emils Uztics
3 years ago
This billionaire created a side business that brings around $90,000 per month.
Dharmesh Shah co-founded HubSpot. WordPlay reached $90,000 per month in revenue without utilizing any of his wealth.
His method:
Take Advantage Of An Established Trend
Remember Wordle? Dharmesh was instantly hooked. As was the tech world.
HubSpot's co-founder noted inefficiencies in a recent My First Million episode. He wanted to play daily. Dharmesh, a tinkerer and software engineer, decided to design a word game.
He's a billionaire. How could he?
Wordle had limitations in his opinion;
Dharmesh is fundamentally a developer. He desired to start something new and increase his programming knowledge;
This project may serve as an excellent illustration for his son, who had begun learning about software development.
Better It Up
Building a new Wordle wasn't successful.
WordPlay lets you play with friends and family. You could challenge them and compare the results. It is a built-in growth tool.
WordPlay features:
the capacity to follow sophisticated statistics after creating an account;
continuous feedback on your performance;
Outstanding domain name (wordplay.com).
Project Development
WordPlay has 9.5 million visitors and 45 million games played since February.
HubSpot co-founder credits tremendous growth to flywheel marketing, pushing the game through his own following.
Choosing an exploding specialty and making sharing easy also helped.
Shah enabled Google Ads on the website to test earning potential. Monthly revenue was $90,000.
That's just Google Ads. If monetization was the goal, a specialized ad network like Ezoic could double or triple the amount.
Wordle was a great buy for The New York Times at $1 million.
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Christian Soschner
3 years ago
Steve Jobs' Secrets Revealed
From 1984 until 2011, he ran Apple using the same template.
What is a founder CEO's most crucial skill?
Presentation, communication, and sales
As a Business Angel Investor, I saw many pitch presentations and met with investors one-on-one to promote my companies.
There is always the conception of “Investors have to invest,” so there is no need to care about the presentation.
It's false. Nobody must invest. Many investors believe that entrepreneurs must convince them to invest in their business.
Sometimes — like in 2018–2022 — too much money enters the market, and everyone makes good money.
Do you recall the Buy Now, Pay Later Movement? This amazing narrative had no return potential. Only buyers who couldn't acquire financing elsewhere shopped at these companies.
Klarna's failing business concept led to high valuations.
Investors become more cautious when the economy falters. 2022 sees rising inflation, interest rates, wars, and civil instability. It's like the apocalypse's four horsemen have arrived.
Storytelling is important in rough economies.
When investors draw back, how can entrepreneurs stand out?
In Q2/2022, every study I've read said:
Investors cease investing
Deals are down in almost all IT industries from previous quarters.
What do founders need to do?
Differentiate yourself.
Storytelling talents help.
The Steve Jobs Way
Every time I watch a Steve Jobs presentation, I'm enthralled.
I'm a techie. Everything technical interests me. But, I skim most presentations.
What's Steve Jobs's secret?
Steve Jobs created Apple in 1976 and made it a profitable software and hardware firm in the 1980s. Macintosh goods couldn't beat IBM's. This mistake sacked him in 1985.
Before rejoining Apple in 1997, Steve Jobs founded Next Inc. and Pixar.
From then on, Apple became America's most valuable firm.
Steve Jobs understood people's needs. He said:
“People don’t know what they want until you show it to them. That’s why I never rely on market research. Our task is to read things that are not yet on the page.”
In his opinion, people talk about problems. A lot. Entrepreneurs must learn what the population's pressing problems are and create a solution.
Steve Jobs showed people what they needed before they realized it.
I'll explain:
Present a Big Vision
Steve Jobs starts every presentation by describing his long-term goals for Apple.
1984's Macintosh presentation set up David vs. Goliath. In a George Orwell-style dystopia, IBM computers were bad. It was 1984.
Apple will save the world, like Jedis.
Why do customers and investors like Big Vision?
People want a wider perspective, I think. Humans love improving the planet.
Apple users often cite emotional reasons for buying the brand.
Revolutionizing several industries with breakthrough inventions
Establish Authority
Everyone knows Apple in 2022. It's hard to find folks who confuse Apple with an apple around the world.
Apple wasn't as famous as it is today until Steve Jobs left in 2011.
Most entrepreneurs lack experience. They may market their company or items to folks who haven't heard of it.
Steve Jobs presented the company's historical accomplishments to overcome opposition.
In his presentation of the first iPhone, he talked about the Apple Macintosh, which altered the computing sector, and the iPod, which changed the music industry.
People who have never heard of Apple feel like they're seeing a winner. It raises expectations that the new product will be game-changing and must-have.
The Big Reveal
A pitch or product presentation always has something new.
Steve Jobs doesn't only demonstrate the product. I don't think he'd skip the major point of a company presentation.
He consistently discusses present market solutions, their faults, and a better consumer solution.
No solution exists yet.
It's a multi-faceted play:
It's comparing the new product to something familiar. This makes novelty and the product more relatable.
Describe a desirable solution.
He's funny. He demonstrated an iPod with an 80s phone dial in his iPhone presentation.
Then he reveals the new product. Macintosh presented itself.
Show the benefits
He outlines what Apple is doing differently after demonstrating the product.
How do you distinguish from others? The Big Breakthrough Presentation.
A few hundred slides might list all benefits.
Everyone would fall asleep. Have you ever had similar presentations?
When the brain is overloaded with knowledge, the limbic system changes to other duties, like lunch planning.
What should a speaker do? There's a classic proverb:
“Tell me and I forget, teach me and I may remember, involve me and I learn” (— Not Benjamin Franklin).
Steve Jobs showcased the product live.
Again, using ordinary scenarios to highlight the product's benefits makes it relatable.
The 2010 iPad Presentation uses this technique.
Invite the Team and Let Them Run the Presentation
CEOs spend most time outside the organization. Many companies elect to have only one presenter.
It sends the incorrect message to investors. Product presentations should always include the whole team.
Let me explain why.
Companies needing investment money frequently have shaky business strategies or no product-market fit or robust corporate structure.
Investors solely bet on a team's ability to implement ideas and make a profit.
Early team involvement helps investors understand the company's drivers. Travel costs are worthwhile.
But why for product presentations?
Presenters of varied ages, genders, social backgrounds, and skillsets are relatable. CEOs want relatable products.
Some customers may not believe a white man's message. A black woman's message may be more accepted.
Make the story relatable when you have the best product that solves people's concerns.
Best example: 1984 Macintosh presentation with development team panel.
What is the largest error people make when companies fail?
Saving money on the corporate and product presentation.
Invite your team to five partner meetings when five investors are shortlisted.
Rehearse the presentation till it's natural. Let the team speak.
Successful presentations require structure, rehearsal, and a team. Steve Jobs nailed it.

Desiree Peralta
3 years ago
How to Use the 2023 Recession to Grow Your Wealth Exponentially
This season's three best money moves.
“Millionaires are made in recessions.” — Time Capital
We're in a serious downturn, whether or not we're in a recession.
97% of business owners are decreasing costs by more than 10%, and all markets are down 30%.
If you know what you're doing and analyze the markets correctly, this is your chance to become a millionaire.
In any recession, there are always excellent possibilities to seize. Real estate, crypto, stocks, enterprises, etc.
What you do with your money could influence your future riches.
This article analyzes the three key markets, their circumstances for 2023, and how to profit from them.
Ways to make money on the stock market.
If you're conservative like me, you should invest in an index fund. Most of these funds are down 10-30% of ATH:
In earlier recessions, most money index funds lost 20%. After this downturn, they grew and passed the ATH in subsequent months.
Now is the greatest moment to invest in index funds to grow your money in a low-risk approach and make 20%.
If you want to be risky but wise, pick companies that will get better next year but are struggling now.
Even while we can't be 100% confident of a company's future performance, we know some are strong and will have a fantastic year.
Microsoft (down 22%), JPMorgan Chase (15.6%), Amazon (45%), and Disney (33.8%).
These firms give dividends, so you can earn passively while you wait.
So I consider that a good strategy to make wealth in the current stock market is to create two portfolios: one based on index funds to earn 10% to 20% profit when the corrections end, and the other based on individual stocks of popular and strong companies to earn 20%-30% return and dividends while you wait.
How to profit from the downturn in the real estate industry.
With rising mortgage rates, it's the worst moment to buy a home if you don't want to be eaten by banks. In the U.S., interest rates are double what they were three years ago, so buying now looks foolish.
Due to these rates, property prices are falling, but that won't last long since individuals will take advantage.
According to historical data, now is the ideal moment to buy a house for the next five years and perhaps forever.
If you can buy a house, do it. You can refinance the interest at a lower rate with acceptable credit, but not the house price.
Take advantage of the housing market prices now because you won't find a decent deal when rates normalize.
How to profit from the cryptocurrency market.
This is the riskiest market to tackle right now, but it could offer the most opportunities if done appropriately.
The most powerful cryptocurrencies are down more than 60% from last year: $68,990 for BTC and $4,865 for ETH.
If you focus on those two coins, you can make 30%-60% without waiting for them to return to their ATH, and they're low enough to be a solid investment.
I don't encourage trying other altcoins because the crypto market is in crisis and you can lose everything if you're greedy.
Still, the main Cryptos are a good investment provided you store them in an external wallet and follow financial gurus' security advice.
Last thoughts
We can't anticipate a recession until it ends. We can't forecast a market or asset's lowest point, therefore waiting makes little sense.
If you want to develop your wealth, assess the money prospects on all the marketplaces and initiate long-term trades.
Many millionaires are made during recessions because they don't fear negative figures and use them to scale their money.
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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:
- An investment of money
- n a common enterprise
- With the expectation of profit
- 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
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