作者 ZyCrypto - 1 年前 - 阅读时间：2 分钟
Why Pro-Ripple Lawyer Says XRP Can’t Be Classed As A Security Even If It Was Sold As One
美国检察官约翰迪顿深入解释了为什么不能对 XRP 加密货币进行分类 作为安全 even if blockchain payments company Ripple sold it to the public as an investment contract.
“XRP 仍然是一种数字代码”：John Deaton
The debate over whether XRP should be deemed a security rages, something that is the crux of the legal battle between Ripple 和美国证券交易委员会 (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.
这同样适用于 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.
尽管如此，标的资产从来都不是投资合同案例中的证券，并且新颖的 Howey 测试需要在每次要约或销售时进行 Howey 分析。 这就是为什么 Deaton 非常有信心地区法官 Analisa Torres 会拒绝 SEC 在 XRP 诉讼中的简易判决动议。
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 采取了行动 驳 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.
话虽这么说，加密行业长期以来一直呼吁的监管透明度最有可能以这种形式出现 的决定 in the SEC v. Ripple 诉讼。
原始来源： ZyCrypto