Re: The Real Story About The Bitcoin Blockchain
> It's not crazy, it's legally true
I'm perfectly happy to wait for a court to decide that, but I disagree with your interpretation:
As far as as chance and prize go, I'm not going to argue with you because I think mining meets that to some extent.
As for consideration:
You _may_ have a point if a miner has bought dedicated single-purpose hardware (i.e. an ASIC) specifically to mine, but there are also other options (though your ability to mine may be reduced). For example, if I buy a GPU and use that both to mine and to play with password hashes, does that constitute enough of a consideration to fall foul?
The electricity usage is a byproduct of the activity, and I think you'd struggle to call that significant effort given it's reasonably expected that if you're doing any kind of computation, it's going to need the leccy
Similarly, bandwidth usage is simply a byproduct
There's also a wide world outside the US (who I suspect would be the first, if anyone to go that route) so although US BTC acceptance could suffer following caselaw supporting your argument, it's going to take quite a while (if ever) for the rest of the world to follow suit.
Even if the above is wrong, you're still wrong. You _might_ have an argument that BTC is a lottery (though I disagree), but that's very different from a lottery scam. For a lottery scam, you'll first need to show that it's a lottery and then show the mal-intent - without that it'd just be a lottery.