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I am sorry, this is not my goal. In other words, I am not looking to be "creative".
The procedure I followed in my due diligence was one I would follow if I encountered someone who manages capital for compensation. I would consult with the FCM and the data provider. In this case, both told me that you a pro.
These are people who deal and dealt directly with the CME.
As I suggested, you can consult with your FCM/Broker/Data provider to see if you receive a different info.
Matt Z
Optimus Futures
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Trading futures and options involves substantial risk of loss and is not suitable for all investors. Past performance is not necessarily indicative of future results. You may lose more than your initial investment. All posts are opinions and do not claim to be facts. Please conduct your own due diligence. Use only Risk capital when trading Futures.
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As for the suggestion to go to my FCM/IB, I tend to go to them when I have a question on a topic that affects me personally, so in this occasion I'm going to pass.
It should be noted that all of the exemptions for being "Non-pro" are worded in a way that relates to the individual, i.e. the word "subscriber" is used rather than "account".
I think, as a practical matter, this is probably how it would play out in the real world: if a pro in one situation, you would be treated as a pro in all.
I also think that's the point of the CME policy: I see it as revenue-oriented, or at least as cost-recovery oriented -- they want to get paid for providing the data, and they are looking to hit the ones who need it most (it's their living), and who potentially can pay it the easiest (just a cost of doing business.) "Non-pro" traders may actually make a good living from trading, and actually be "professional" in that sense, but it's not so straightforward to identify them.
I said I was done with this question, but now I think I really am.
Thanks, Matt, and everybody else, too, for helping with it all.
