“The CFTC will not be suing know-how, as Amici declare: The CFTC’s motion will not be in opposition to the blockchain-based Ooki Protocol, however in opposition to the Ooki DAO — an affiliation that acts and makes collective selections relating to the Ooki Protocol by means of voting by its governance token holders,” the CFTC argued. “The components 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).”
