I’ve been invited by two people to join MLM businesses. I tried to explain to the first one that she was involved in a legal pyramid scheme, but once you’re sucked in, it’s like you’re brainwashed. When the second person came along, I didn’t even bother trying to talk him out of it. I wrote a post about MLMs back in June and came to the same conclusions that you did.
The legal distinction between MLMs and traditional pyramid schemes has been characterized by many authorities as a legal fiction. Jurisdictions that retain a legal distinction between MLM pyramid businesses versus illegal pyramid schemes retain said distinction on two key distinguishing features: 1) that MLMs always encompass the sale of actual products/services, while traditional illegal pyramid schemes ordinarily do not (though sometimes they do), and 2) that climbing an MLM pyramid is overwhelmingly statistically improbable (especially to its highest participant levels) but not theoretically impossible, whereas climbing a traditional illegal pyramid scheme is both statistically and theoretically impossible.