A shocking amount of people in the twitter thread are writing this off as if it's completely silly. I don't see why. Those emojis very clearly and obviously make an implication that the price will go "to the moon", or that the chart will look just like the emoji of a chart going up. Especially when you say right next to it "this is just the start". It's no different than saying "the price is rising and you need to get in now".
Courts aren't stupid. They understand how human language works. It's still financial advice whether or not you use emojis to communicate it.
You pointed it out well - within the context of the rest of the message, these emoji, _together with the Res of the message_, could sign a financial advice. Without the rest of the message, no.
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A shocking amount of people in the twitter thread are writing this off as if it's completely silly. I don't see why. Those emojis very clearly and obviously make an implication that the price will go "to the moon", or that the chart will look just like the emoji of a chart going up. Especially when you say right next to it "this is just the start". It's no different than saying "the price is rising and you need to get in now".
Courts aren't stupid. They understand how human language works. It's still financial advice whether or not you use emojis to communicate it.
Right? B-U-Y is just three letters from a 26-letter alphabet, and yet that's obviously possible to be advice.
Quick! make it a smart contract and we can get rid of that defect!
You pointed it out well - within the context of the rest of the message, these emoji, _together with the Res of the message_, could sign a financial advice. Without the rest of the message, no.
I mean if NASA posts a rocketship prior to a launch it's not "buy"-advice. It's clearly a contextual thing.
That a former SEC Branch Chief is posting this is not a good look. It makes you wonder if the person had a soft spot for certain types of scams.