The fact is, when it first happened @ned told us that the coins were pre-mined in order to stay within US federal regulations regarding setting up a company and its assets. They didn't want to do an ICO which at the time were under a lot of federal scrutiny.
The net result of course is the same, however the key point is, that the Steem is a registered company asset, and trying to prevent someone who paid for it access, will no doubt be illegal.
Perhaps the scrutiny was warranted, if this happens.
The point of law is not to enforce it. It's to maintain peace and fairness.
When that does not happen, then the law no longer matters. I won't tolerate you playing a game of legal loopholes. What matters is justice.
Or does this law matter to you? It doesn't to me. I don't think law is anything other than the abstraction of justice, codified, and that code can always be broken if need be.
And I think it needs to be broken, if indeed it is illegal. However, we must question: Is it actually illegal? The courts will decide if it comes to that.