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and just like Satoshi, the investors will be able to spend privately... so, maybe legality won't have much weight
its a fantastic gambit. and I highly recommend digging through the 'why?' section of the page.
I really hope this sticks, it will be good competition
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Here is current SEC guidance on pre-mines:
So the legality of this is going to depend on are any "collaborators" putting up cash to fund this initiative. If they are, and that comes out, this could present legal challenges.