Sonic Prime and indie games on Netflix
Netflix will stream Spiritfarer, Raji: An Ancient Epic, and Lucky Luna.
Netflix's Geeked Week brought a slew of announcements. The flurry of reveals for The Sandman, The Umbrella Academy season 3, One Piece, and more also included game and game-adjacent announcements.
Netflix released a teaser for Cuphead season 2 ahead of its August premiere, featuring more of Grey DeLisle's Ms. Chalice. DOTA: Dragon's Blood season 3 hits Netflix in August. Tekken, the fighting game that throws kids off cliffs, gets an anime, Tekken: Bloodline.
Netflix debuted a clip of Sonic Prime before Sonic Origins in June and Sonic Frontiers in 2022.
Castlevania: Nocturne will follow Richter Belmont.
Netflix is reviving licensed games with titles based on its shows. There's a Queen's Gambit chess game, a Shadow and Bone RPG, a La Casa de Papel heist adventure, and a Too Hot to Handle game where a pregnant woman must choose between stabbing her cheating ex or forgiving him.
Riot's rhythm platformer Hextech Mayhem debuted on Netflix last year, and now Netflix is adding games from Devolver Digital. Reigns: Three Kingdoms is a card game that lets players choose the fate of Three Kingdoms-era China by swiping left or right on cards. Spiritfarer, the "cozy game about death" from 2020, and Raji: An Ancient Epic are coming to Netflix. Poinpy, a vertical climber from the creator of Downwell, is now on Netflix.
Desta: The Memories Between is a turn-based strategy game set in dreams and memories.
Snowman's Lucky Luna will also be added soon.
With these games, Netflix is expanding beyond dinky mobile games — it plans to have 50 by the end of the year — and could be a serious platform for indies that want to expand into mobile. It takes gaming seriously.
More on Gaming

Luke Plunkett
3 years ago
Gran Turismo 7 Update Eases Up On The Grind After Fan Outrage
Polyphony Digital has changed the game after apologizing in March.
To make amends for some disastrous downtime, Gran Turismo 7 director Kazunori Yamauchi announced a credits handout and promised to “dramatically change GT7's car economy to help make amends” last month. The first of these has arrived.
The game's 1.11 update includes the following concessions to players frustrated by the economy and its subsequent grind:
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The last half of the World Circuits events have increased in-game credit rewards.
-
Modified Arcade and Custom Race rewards
-
Clearing all circuit layouts with Gold or Bronze now rewards In-game Credits. Exiting the Sector selection screen with the Exit button will award Credits if an event has already been cleared.
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Increased Credits Rewards in Lobby and Daily Races
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Increased the free in-game Credits cap from 20,000,000 to 100,000,000.
Additionally, “The Human Comedy” missions are one-hour endurance races that award “up to 1,200,000” credits per event.
This isn't everything Yamauchi promised last month; he said it would take several patches and updates to fully implement the changes. Here's a list of everything he said would happen, some of which have already happened (like the World Cup rewards and credit cap):
- Increase rewards in the latter half of the World Circuits by roughly 100%.
- Added high rewards for all Gold/Bronze results clearing the Circuit Experience.
- Online Races rewards increase.
- Add 8 new 1-hour Endurance Race events to Missions. So expect higher rewards.
- Increase the non-paid credit limit in player wallets from 20M to 100M.
- Expand the number of Used and Legend cars available at any time.
- With time, we will increase the payout value of limited time rewards.
- New World Circuit events.
- Missions now include 24-hour endurance races.
- Online Time Trials added, with rewards based on the player's time difference from the leader.
- Make cars sellable.
The full list of updates and changes can be found here.
Read the original post.

Chris Moyse
3 years ago
Sony and LEGO raise $2 billion for Epic Games' metaverse
‘Kid-friendly’ project holds $32 billion valuation
Epic Games announced today that it has raised $2 billion USD from Sony Group Corporation and KIRKBI (holding company of The LEGO Group). Both companies contributed $1 billion to Epic Games' upcoming ‘metaverse' project.
“We need partners who share our vision as we reimagine entertainment and play. Our partnership with Sony and KIRKBI has found this,” said Epic Games CEO Tim Sweeney. A new metaverse will be built where players can have fun with friends and brands create creative and immersive experiences, as well as creators thrive.
Last week, LEGO and Epic Games announced their plans to create a family-friendly metaverse where kids can play, interact, and create in digital environments. The service's users' safety and security will be prioritized.
With this new round of funding, Epic Games' project is now valued at $32 billion.
“Epic Games is known for empowering creators large and small,” said KIRKBI CEO Sren Thorup Srensen. “We invest in trends that we believe will impact the world we and our children will live in. We are pleased to invest in Epic Games to support their continued growth journey, with a long-term focus on the future metaverse.”
Epic Games is expected to unveil its metaverse plans later this year, including its name, details, services, and release date.

Matthew Cluff
2 years ago
GTO Poker 101
"GTO" (Game Theory Optimal) has been used a lot in poker recently. To clarify its meaning and application, the aim of this article is to define what it is, when to use it when playing, what strategies to apply for how to play GTO poker, for beginner and more advanced players!
Poker GTO
In poker, you can choose between two main winning strategies:
Exploitative play maximizes expected value (EV) by countering opponents' sub-optimal plays and weaker tendencies. Yes, playing this way opens you up to being exploited, but the weaker opponents you're targeting won't change their game to counteract this, allowing you to reap maximum profits over the long run.
GTO (Game-Theory Optimal): You try to play perfect poker, which forces your opponents to make mistakes (which is where almost all of your profit will be derived from). It mixes bluffs or semi-bluffs with value bets, clarifies bet sizes, and more.
GTO vs. Exploitative: Which is Better in Poker?
Before diving into GTO poker strategy, it's important to know which of these two play styles is more profitable for beginners and advanced players. The simple answer is probably both, but usually more exploitable.
Most players don't play GTO poker and can be exploited in their gameplay and strategy, allowing for more profits to be made using an exploitative approach. In fact, it’s only in some of the largest games at the highest stakes that GTO concepts are fully utilized and seen in practice, and even then, exploitative plays are still sometimes used.
Knowing, understanding, and applying GTO poker basics will create a solid foundation for your poker game. It's also important to understand GTO so you can deviate from it to maximize profits.
GTO Poker Strategy
According to Ed Miller's book "Poker's 1%," the most fundamental concept that only elite poker players understand is frequency, which could be in relation to cbets, bluffs, folds, calls, raises, etc.
GTO poker solvers (downloadable online software) give solutions for how to play optimally in any given spot and often recommend using mixed strategies based on select frequencies.
In a river situation, a solver may tell you to call 70% of the time and fold 30%. It may also suggest calling 50% of the time, folding 35% of the time, and raising 15% of the time (with a certain range of hands).
Frequencies are a fundamental and often unrecognized part of poker, but they run through these 5 GTO concepts.
1. Preflop ranges
To compensate for positional disadvantage, out-of-position players must open tighter hand ranges.
Premium starting hands aren't enough, though. Considering GTO poker ranges and principles, you want a good, balanced starting hand range from each position with at least some hands that can make a strong poker hand regardless of the flop texture (low, mid, high, disconnected, etc).
Below is a GTO preflop beginner poker chart for online 6-max play, showing which hand ranges one should open-raise with. Table positions are color-coded (see key below).
NOTE: For GTO play, it's advisable to use a mixed strategy for opening in the small blind, combining open-limps and open-raises for various hands. This cannot be illustrated with the color system used for the chart.
Choosing which hands to play is often a math problem, as discussed below.
Other preflop GTO poker charts include which hands to play after a raise, which to 3bet, etc. Solvers can help you decide which preflop hands to play (call, raise, re-raise, etc.).
2. Pot Odds
Always make +EV decisions that profit you as a poker player. Understanding pot odds (and equity) can help.
Postflop Pot Odds
Let’s say that we have JhTh on a board of 9h8h2s4c (open-ended straight-flush draw). We have $40 left and $50 in the pot. He has you covered and goes all-in. As calling or folding are our only options, playing GTO involves calculating whether a call is +EV or –EV. (The hand was empty.)
Any remaining heart, Queen, or 7 wins the hand. This means we can improve 15 of 46 unknown cards, or 32.6% of the time.
What if our opponent has a set? The 4h or 2h could give us a flush, but it could also give the villain a boat. If we reduce outs from 15 to 14.5, our equity would be 31.5%.
We must now calculate pot odds.
(bet/(our bet+pot)) = pot odds
= $50 / ($40 + $90)
= $40 / $130
= 30.7%
To make a profitable call, we need at least 30.7% equity. This is a profitable call as we have 31.5% equity (even if villain has a set). Yes, we will lose most of the time, but we will make a small profit in the long run, making a call correct.
Pot odds aren't just for draws, either. If an opponent bets 50% pot, you get 3 to 1 odds on a call, so you must win 25% of the time to be profitable. If your current hand has more than 25% equity against your opponent's perceived range, call.
Preflop Pot Odds
Preflop, you raise to 3bb and the button 3bets to 9bb. You must decide how to act. In situations like these, we can actually use pot odds to assist our decision-making.
This pot is:
(our open+3bet size+small blind+big blind)
(3bb+9bb+0.5bb+1bb)
= 13.5
This means we must call 6bb to win a pot of 13.5bb, which requires 30.7% equity against the 3bettor's range.
Three additional factors must be considered:
Being out of position on our opponent makes it harder to realize our hand's equity, as he can use his position to put us in tough spots. To profitably continue against villain's hand range, we should add 7% to our equity.
Implied Odds / Reverse Implied Odds: The ability to win or lose significantly more post-flop (than pre-flop) based on our remaining stack.
While statistics on 3bet stats can be gained with a large enough sample size (i.e. 8% 3bet stat from button), the numbers don't tell us which 8% of hands villain could be 3betting with. Both polarized and depolarized charts below show 8% of possible hands.
7.4% of hands are depolarized.
Polarized Hand range (7.54%):
Each hand range has different contents. We don't know if he 3bets some hands and calls or folds others.
Using an exploitable strategy can help you play a hand range correctly. The next GTO concept will make things easier.
3. Minimum Defense Frequency:
This concept refers to the % of our range we must continue with (by calling or raising) to avoid being exploited by our opponents. This concept is most often used off-table and is difficult to apply in-game.
These beginner GTO concepts will help your decision-making during a hand, especially against aggressive opponents.
MDF formula:
MDF = POT SIZE/(POT SIZE+BET SIZE)
Here's a poker GTO chart of common bet sizes and minimum defense frequency.
Take the number of hand combos in your starting hand range and use the MDF to determine which hands to continue with. Choose hands with the most playability and equity against your opponent's betting range.
Say you open-raise HJ and BB calls. Qh9h6c flop. Your opponent leads you for a half-pot bet. MDF suggests keeping 67% of our range.
Using the above starting hand chart, we can determine that the HJ opens 254 combos:
We must defend 67% of these hands, or 170 combos, according to MDF. Hands we should keep include:
Flush draws
Open-Ended Straight Draws
Gut-Shot Straight Draws
Overcards
Any Pair or better
So, our flop continuing range could be:
Some highlights:
Fours and fives have little chance of improving on the turn or river.
We only continue with AX hearts (with a flush draw) without a pair or better.
We'll also include 4 AJo combos, all of which have the Ace of hearts, and AcJh, which can block a backdoor nut flush combo.
Let's assume all these hands are called and the turn is blank (2 of spades). Opponent bets full-pot. MDF says we must defend 50% of our flop continuing range, or 85 of 170 combos, to be unexploitable. This strategy includes our best flush draws, straight draws, and made hands.
Here, we keep combining:
Nut flush draws
Pair + flush draws
GS + flush draws
Second Pair, Top Kicker+
One combo of JJ that doesn’t block the flush draw or backdoor flush draw.
On the river, we can fold our missed draws and keep our best made hands. When calling with weaker hands, consider blocker effects and card removal to avoid overcalling and decide which combos to continue.
4. Poker GTO Bet Sizing
To avoid being exploited, balance your bluffs and value bets. Your betting range depends on how much you bet (in relation to the pot). This concept only applies on the river, as draws (bluffs) on the flop and turn still have equity (and are therefore total bluffs).
On the flop, you want a 2:1 bluff-to-value-bet ratio. On the flop, there won't be as many made hands as on the river, and your bluffs will usually contain equity. The turn should have a "bluffing" ratio of 1:1. Use the chart below to determine GTO river bluff frequencies (relative to your bet size):
This chart relates to your opponent's pot odds. If you bet 50% pot, your opponent gets 3:1 odds and must win 25% of the time to call. Poker GTO theory suggests including 25% bluff combinations in your betting range so you're indifferent to your opponent calling or folding.
Best river bluffs don't block hands you want your opponent to have (or not have). For example, betting with missed Ace-high flush draws is often a mistake because you block a missed flush draw you want your opponent to have when bluffing on the river (meaning that it would subsequently be less likely he would have it, if you held two of the flush draw cards). Ace-high usually has some river showdown value.
If you had a 3-flush on the river and wanted to raise, you could bluff raise with AX combos holding the bluff suit Ace. Blocking the nut flush prevents your opponent from using that combo.
5. Bet Sizes and Frequency
GTO beginner strategies aren't just bluffs and value bets. They show how often and how much to bet in certain spots. Top players have benefited greatly from poker solvers, which we'll discuss next.
GTO Poker Software
In recent years, various poker GTO solvers have been released to help beginner, intermediate, and advanced players play balanced/GTO poker in various situations.
PokerSnowie and PioSolver are popular GTO and poker study programs.
While you can't compute players' hand ranges and what hands to bet or check with in real time, studying GTO play strategies with these programs will pay off. It will improve your poker thinking and understanding.
Solvers can help you balance ranges, choose optimal bet sizes, and master cbet frequencies.
GTO Poker Tournament
Late-stage tournaments have shorter stacks than cash games. In order to follow GTO poker guidelines, Nash charts have been created, tweaked, and used for many years (and also when to call, depending on what number of big blinds you have when you find yourself shortstacked).
The charts are for heads-up push/fold. In a multi-player game, the "pusher" chart can only be used if play is folded to you in the small blind. The "caller" chart can only be used if you're in the big blind and assumes a small blind "pusher" (with a much wider range than if a player in another position was open-shoving).
Divide the pusher chart's numbers by 2 to see which hand to use from the Button. Divide the original chart numbers by 4 to find the CO's pushing range. Some of the figures will be impossible to calculate accurately for the CO or positions to the right of the blinds because the chart's highest figure is "20+" big blinds, which is also used for a wide range of hands in the push chart.
Both of the GTO charts below are ideal for heads-up play, but exploitable HU shortstack strategies can lead to more +EV decisions against certain opponents. Following the charts will make your play GTO and unexploitable.
Poker pro Max Silver created the GTO push/fold software SnapShove. (It's accessible online at www.snapshove.com or as iOS or Android apps.)
Players can access GTO shove range examples in the full version. (You can customize the number of big blinds you have, your position, the size of the ante, and many other options.)
In Conclusion
Due to the constantly changing poker landscape, players are always improving their skills. Exploitable strategies often yield higher profit margins than GTO-based approaches, but knowing GTO beginner and advanced concepts can give you an edge for a few reasons.
It creates a solid gameplay base.
Having a baseline makes it easier to exploit certain villains.
You can avoid leveling wars with your opponents by making sound poker decisions based on GTO strategy.
It doesn't require assuming opponents' play styles.
Not results-oriented.
This is just the beginning of GTO and poker theory. Consider investing in the GTO poker solver software listed above to improve your game.
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Entreprogrammer
2 years ago
The Steve Jobs Formula: A Guide to Everything
A must-read for everyone
Jobs is well-known. You probably know the tall, thin guy who wore the same clothing every day. His influence is unavoidable. In fewer than 40 years, Jobs' innovations have impacted computers, movies, cellphones, music, and communication.
Steve Jobs may be more imaginative than the typical person, but if we can use some of his ingenuity, ambition, and good traits, we'll be successful. This essay explains how to follow his guidance and success secrets.
1. Repetition is necessary for success.
Be patient and diligent to master something. Practice makes perfect. This is why older workers are often more skilled.
When should you repeat a task? When you're confident and excited to share your product. It's when to stop tweaking and repeating.
Jobs stated he'd make the crowd sh** their pants with an iChat demo.
Use this in your daily life.
Start with the end in mind. You can put it in writing and be as detailed as you like with your plan's schedule and metrics. For instance, you have a goal of selling three coffee makers in a week.
Break it down, break the goal down into particular tasks you must complete, and then repeat those tasks. To sell your coffee maker, you might need to make 50 phone calls.
Be mindful of the amount of work necessary to produce the desired results. Continue doing this until you are happy with your product.
2. Acquire the ability to add and subtract.
How did Picasso invent cubism? Pablo Picasso was influenced by stylised, non-naturalistic African masks that depict a human figure.
Artists create. Constantly seeking inspiration. They think creatively about random objects. Jobs said creativity is linking things. Creative people feel terrible when asked how they achieved something unique because they didn't do it all. They saw innovation. They had mastered connecting and synthesizing experiences.
Use this in your daily life.
On your phone, there is a note-taking app. Ideas for what you desire to learn should be written down. It may be learning a new language, calligraphy, or anything else that inspires or intrigues you.
Note any ideas you have, quotations, or any information that strikes you as important.
Spend time with smart individuals, that is the most important thing. Jim Rohn, a well-known motivational speaker, has observed that we are the average of the five people with whom we spend the most time.
Learning alone won't get you very far. You need to put what you've learnt into practice. If you don't use your knowledge and skills, they are useless.
3. Develop the ability to refuse.
Steve Jobs deleted thousands of items when he created Apple's design ethic. Saying no to distractions meant upsetting customers and partners.
John Sculley, the former CEO of Apple, said something like this. According to Sculley, Steve’s methodology differs from others as he always believed that the most critical decisions are things you choose not to do.
Use this in your daily life.
Never be afraid to say "no," "I won't," or "I don't want to." Keep it simple. This method works well in some situations.
Give a different option. For instance, X might be interested even if I won't be able to achieve it.
Control your top priority. Before saying yes to anything, make sure your work schedule and priority list are up to date.
4. Follow your passion
“Follow your passion” is the worst advice people can give you. Steve Jobs didn't start Apple because he suddenly loved computers. He wanted to help others attain their maximum potential.
Great things take a lot of work, so quitting makes sense if you're not passionate. Jobs learned from history that successful people were passionate about their work and persisted through challenges.
Use this in your daily life.
Stay away from your passion. Allow it to develop daily. Keep working at your 9-5-hour job while carefully gauging your level of desire and endurance. Less risk exists.
The truth is that if you decide to work on a project by yourself rather than in a group, it will take you years to complete it instead of a week. Instead, network with others who have interests in common.
Prepare a fallback strategy in case things go wrong.
Success, this small two-syllable word eventually gives your life meaning, a perspective. What is success? For most, it's achieving their ambitions. However, there's a catch. Successful people aren't always happy.
Furthermore, where do people’s goals and achievements end? It’s a never-ending process. Success is a journey, not a destination. We wish you not to lose your way on this journey.

Joanna Henderson
2 years ago
An Average Day in the Life of a 25-Year-Old -A Rich Man's At-Home Unemployed Girlfriend
And morning water bottle struggles.
Welcome to my TikTok, where I share my stay-at-home life! I'll show you my usual day from morning to night.
I rise early to prepare my guy iced coffee. I make matcha, my favorite drink. I also fill our water bottles, which takes time and effort, so I record and describe the procedure. As you see me perform the unthinkable by putting a water bottle in a soda machine, you'll see my magnificent but unowned condo. My lover has everything, including:
In the living room, a sizable velvet alabaster divan. I was unable to use the words white or sofa in place of alabaster or a divan since they are insufficiently elegant and do not adequately convey how opulent the item is. The price tag on the divan was another huge feature; I'm sure my lover wouldn't purchase any furniture for less than $20k because it would be beneath him.
A plush Swiss coffee-colored Tabriz carpet. Once more, white is a color associated with the underclass; for us, the wealthy, it's alabaster or swiss coffee. Sorry, my boyfriend is wealthy; I'm truly in the same situation. And yet, I’m the one whos freeloading off of him, not you haha!
Soft translucent powder is the hue of the vinyl wallcoverings. I merely made up the name of that hue, but I have to maintain the online character I've established. There is no room for adopting language typical of peasant people; I must reiterate that I am wealthy while they are not.
I rest after filling our water bottles. I'm really fatigued from chores. My boyfriend is skeptical about hiring a housekeeper and cook. Does he assume I'm a servant or maid? I can't be overly demanding or throw a tantrum since he may replace me with a younger version. Leonardo Di Caprio's fault!
After the break, I bring my lover a water bottle. He's off to work with my best wishes. After cleaning the shower, I text my BF saying I broke a nail. He charged $675 for a crystal-topped shellac manicure. Lucky me!
After this morning's crazy choirs, especially the water bottle one, I'm famished. I dress quickly and go to the neighborhood organic-vegan-gluten-free-sugar-free-plasma-free-GMO-free-HBO-free breakfast place. Most folks can't afford $17.99 for a caffeine-free-mushroom-plus-mud-and-electrolytes morning beverage. It goes nicely with my matcha. Eggs Benedict cost $68. English muffins are off-limits. I can't make myself obese. My partner said he'd swap me for a 19-year-old Eastern European if I keep eating bacon.
I leave no tip since tipping is too much pressure and math for me, so I go shopping.
My shopping adventures have gotten monotonous. 47 designer bags and 114 bag covers Birkins need their own luggage. My babies! I've never caught my BF with a baby. I have sleeping medications and a turkey baster. Tatiana is much younger and thinner than me, so I can't lose him to her. The goal is to become a stay-at-home wife shortly. A turkey baster is essential.
After spending $955 on La Mer lotions and getting a crystal manicure, I nap. Before my boyfriend's return, I can nap for 5 hours.
I wake up around 4 pm — it’s time to prepare dinner. Yes, I said “prepare for dinner,” not “prepare dinner.” I have crystals on my nails! Do you really think I would cook? No way.
My husband's arrival still requires much work. I clean the kitchen, get cutlery and napkins. I order UberEats while my BF is 30-45 minutes away.
Wagyu steaks with Matsutake mushroom soup today. I pick desserts for my lover but not myself. Eastern European threat?
When my BF gets home from work, we eat. I don't believe in tipping UberEats drivers. If he wants to appreciate life's finer things, he should locate a rich woman.
After eating, we plan our getaway. I requested Aruba's fanciest hotel for winter and expect a butler. We're bickering over who gets the butler. We may need two.
Day's end, I'm exhausted. Stay-at-home girlfriends put in a lot of time and work. Work and duties are never-ending.
Before bed, I shower and use a liquid gold mask in my 27-step makeup procedure. It's a French luxury brand, not La Mer.
Here's my day.
Note: I like satire and absurd trends. Stay-at-home-girlfriend TikTok videos have become popular recently.
I don't shame or support such agreements; I'm just an observer. Thanks for reading.
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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
Read original post.