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Why Pro-Ripple Lawyer Says XRP Can’t Be Classed As A Security Even If It Was Sold As One
មេធាវីអាមេរិក John Deaton បានពន្យល់ស៊ីជម្រៅអំពីមូលហេតុដែលរូបិយប័ណ្ណ XRP មិនអាចត្រូវបានចាត់ថ្នាក់ ជាសន្តិសុខ even if blockchain payments company Ripple sold it to the public as an investment contract.
"XRP នៅតែជាលេខកូដឌីជីថល": John Deaton
The debate over whether XRP should be deemed a security rages, something that is the crux of the legal battle between Ripple និងគណៈកម្មការមូលបត្រអាមេរិក (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.
អនុវត្តដូចគ្នា 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.
ទោះជាយ៉ាងណាក៏ដោយ ទ្រព្យសកម្មមូលដ្ឋានគឺមិនដែលធានាសុវត្ថិភាពនៅក្នុងករណីកិច្ចសន្យាវិនិយោគនោះទេ ហើយការធ្វើតេស្ត Howey ប្រលោមលោកតម្រូវឱ្យមានការវិភាគ Howey នៅពេលនៃការផ្តល់ជូន ឬការលក់នីមួយៗ។ នេះជាមូលហេតុដែល Deaton មានទំនុកចិត្តយ៉ាងមុតមាំថាចៅក្រមស្រុក Analisa Torres នឹងបដិសេធចលនាវិនិច្ឆ័យសេចក្តីសង្ខេបរបស់ SEC នៅក្នុងឈុត XRP ។
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.
SEC បានចាត់វិធានការ ប្រឆាំង 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.
ដែលត្រូវបានគេនិយាយនោះ ភាពច្បាស់លាស់នៃបទប្បញ្ញត្តិដែលឧស្សាហកម្មគ្រីបតូបានទាមទារជាយូរមកហើយគឺទំនងជាមាននៅក្នុងទម្រង់ នៃការសម្រេចចិត្តមួយ។ in the SEC v. Ripple បណ្តឹង។
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