[nivertech]

What was presold in Ethereum's "software crowdsale" was $ETH, not gas. Since it was used to fund the development of Ethereum, it was (and maybe still is) a security.

$ETH is a stake in a network with an artificially limited supply of units, which grants you a write access rights to Ethereum's mainnet.

Gas is a non-tradeable Unit-of-Account, which uses $ETH as the only approved/possible method of payment. The relationship between $ETH and gas is similar to the one between petrodollars and oil.

Assuming $ETH transforming from security into something else, it can not become commodity, since gas is already a non-tradeable underlying commodity with spot prices determined on Ethereum mainnet.

It can only transform into an exotic commodity derivative of gas. Or it may stay a security (which is even more likely with transition to PoS).

Also, don't forget about secondary sales by Stiftung Ethereum. Those who bought in ICO have no reason to sue, but those who bought in secondaries and lost - do.

[nivertech]

EDIT:

IANASL, IANASA, IANA{S,C}*

I’m not a securities lawyer

I’m not a securities attorney

I’m not a securities/crypto anything