All these ICO's have been avoiding any SEC regulation regarding private security sales by claiming the tokens are just a method to use/exchange services on their platform, not as an investment. However, when ICO's like this one keep happening where only 100 "accounts" own 99% of the ICO offering, you pretty much lose that argument of the tokens only being there for use of the platform. It's a private security sale, a…
But if you own a token, you own nothing in the company, no equity, no promises, no contract signed, you don't have any right to any profits and Brave can say tomorrow that all the tokens are worthless. It's not so straight-forward that they raised investment, really they sold $35mil of a product. But IANAL, and you could easily be right, I'm just saying it isn't so cut and dry.
Whether the code is already deployed, or depends on further development effort by the team, is one aspect of the Howey Test, according to Coinbase which released the results of some legal research on the subject: https://blog.coinbase.com/2016-12-07-blockchain-token-securi...