No, because that is a retail product. There is no comparison to buying a hamburger at McDonalds and crowd funding. What kind of stupid analogy is that?
I don't see how his analogy is stupid. You guys are the one arguing that this is an investment because you are preordering some item. If the argument is that you are purchasing a certain level reward that is you buying an item.
Hell above somebody said that there is no difference between me paying somebody $100 for a service and crowd funding. That is a retail transaction then.
If both parties agree from the start that X is going to be given for a promised Y in return, that is a retail transaction.