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Why Pro-Ripple Lawyer Says XRP Can’t Be Classed As A Security Even If It Was Sold As One
Amerikaanse prokureur John Deaton het in-diepte verduidelik waarom die XRP-cryptocurrency nie geklassifiseer kan word nie as sekuriteit even if blockchain payments company Ripple sold it to the public as an investment contract.
"XRP bly 'n digitale kode": John Deaton
The debate over whether XRP should be deemed a security rages, something that is the crux of the legal battle between Ripple en die Amerikaanse Securities and Exchange Commission (SEC).
In a detailed Twitter thread on Friday, CryptoLaw founder John E Deaton asserted that XRP “remains a digital code” even if Ripple sold it as an investment contract (read: security) in the past or is still selling it now.
Deaton noted that just because someone used bitcoin (BTC) as a security, it didn’t turn it into a security. Similarly, in the LBRY Credits (LBC) case, the judge ruled that LBRY sold LBC as an investment contract when it made direct sales. In the lawyer’s view, LBC remains a software code and nothing else. The SEC even admitted on record that the sale of LBC tokens in the secondary market did not constitute a security. This means LBC itself does not qualify as a security. If it did, the court’s ruling would apply to all of its sales.
Dieselfde geld vir Ripple’s XRP. However, Deaton notes that the commission has previously implied that the XRP token itself is a security. “This novel and dangerous embodiment theory is how the SEC is attempting to expand its jurisdictional reach into secondary market transactions. The theory stretches Howey beyond recognition,” he added.
Tog is die onderliggende bate nooit die sekuriteit in 'n beleggingskontrakgeval nie, en die nuwe Howey-toets vereis 'n Howey-ontleding ten tyde van elke aanbod of verkoop. Dit is hoekom Deaton baie vol vertroue is dat distriksregter Analisa Torres die SEC se summiere vonnismosie in die XRP-geding sal verwerp.
Bitcoin was Once Sold As A Security
Deaton also cited the crypto market lodestar, bitcoin, as he explored the XRP security issue. He notes that the digital asset was once “packaged, marketed, offered and sold” as an investment contract. This is the case for condos, chinchillas, and beavers. Even though they can be sold as investment contracts, that doesn’t mean they turn into securities.
Die SEC tot aksie oorgegaan het teen Ripple in December 2020, contending that it had sold an unregistered security since 2013. Two years later, the high-profile case grossly muddied Ripple’s reputation drags on. A ruling is expected in the first half of 2023 — barring an unlikely settlement. Most XRP loyalists believe Ripple has the upper hand in the case, and they are convinced the company will ultimately prevail.
Dit gesê, die regulatoriese duidelikheid waarna die kripto-industrie lank geskreeu het, sal waarskynlik in die vorm kom van 'n besluit in the SEC v. Ripple regsgeding.
Oorspronklike bron: ZyCrypto