“The CFTC is just not suing expertise, as Amici declare: The CFTC’s motion is just not towards the blockchain-based Ooki Protocol, however towards the Ooki DAO — an affiliation that acts and makes collective choices concerning the Ooki Protocol via 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 completely different or divergent views and opinions amongst members — are nothing greater than options of just about any unincorporated affiliation (or different enterprise entity, for that matter).”

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