“The CFTC will not be suing expertise, as Amici declare: The CFTC’s motion will not be towards the blockchain-based Ooki Protocol, however towards the Ooki DAO — an affiliation that acts and makes collective choices relating to the Ooki Protocol by means of voting by its governance token holders,” the CFTC argued. “The elements Amici declare disqualify the Ooki DAO as an unincorporated affiliation — variable membership over time, inconsistent voting by members, and totally different or divergent views and opinions amongst members — are nothing greater than options of virtually any unincorporated affiliation (or different enterprise entity, for that matter).”

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