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Why are people being charged with unlicensed money transmitting when at least three gov agencies say Bitcoin is a commodity?  I mean wtf?  Do they just make up whatever they want whenever they want?  If it's *not* money  how can this happen?  If it is money why are we subject to capitals gains? 
 Why?

Because /they/ say so, plebian. The operators weren't members of The Club, so they were required to be punished.

/Anything/which goes against The State, its wishes, or its policies (subject to change, without you knowing, BTW) is verboten.

They have been talking out both sides of their goddamn mouths since 2010. 
 Its always about market control. This time, it is about capture the market and the surveillance. 
Where whirlpool customers will go ?
Bisq
coinbase
strike
...

They all under strict control. So next time u want to buy bitcoin put some brain behind if its traceable (kyc) or not.

All and all to say this is good for bitcoin. Bitcoin price will go up thanks to corrupt people. And will only survive if people put the work, without losing the ideas behind what the protocol is about.  The answers is never be money !