The crypto market has reacted positively to the summary judgment made in the SEC v. Ripple case, but what has actually been won?
From the official document, here or here,
For the reasons stated below, the SEC’s motion is GRANTED in part and DENIED in part, and Defendants’ motion is GRANTED in part and DENIED in part.
This is, after all, a summary judgment, clarifying the lines of disagreement so as to proceed to trial, or an out of court settlement.
XRP has surged to hit 90 cents, while BTC is at $31,500, so there must be the perception of some good news.
One day later, with some time for reflection, let's see how the court of opinion is reacting.
worth reading the whole thread.
XRP isn’t immutably a security or a commodity, but instead sometimes is involved in securities transactions and sometimes is involved in non-securities transactions. Basically, the token is just a token.
Now we come to the first big statement in the case: “XRP, as a digital token, is not in and of itself a ‘contract, transaction[,] or scheme’” that embodies the Howey requirements of an investment contract.
It seems like most (maybe all) XRP sold to institutional investors are securities, but different investors were subject to different contracts with Ripple.
The rest of this analysis doesn’t get much better for the SEC. The court just rejects the idea that even people who bought XRP expecting profits doesn’t prove Howey prong.
Why? Because “ripple didn’t make any promises” to the people who didn’t know they bought from Ripple.
This is where secondary sales are deemed not to be securities.
You often hear about judges being political and “splitting the baby,” where when faced with a hard case, they give a win to each side.
I kind of think that’s what happened here, it’s just that the victory was big for the industry overall.
It's a long thread - with 43 tweets - so have a good delve.
according to...
live
later
I disagree that there is no relationship, and no contract, between XRP holders and Ripple - there is the blockchain. Just because there is no written contract does not mean there is no relationship. If the whole blockchain was to disappear, then every XRP token becomes worthless - that's a relationship.
some thoughts on an SEC appeal...
shortish thread
Gary talks at the NPC
transcript: https://www.sec.gov/news/speech/gensler-isaac-newton-ai-remarks-07-17-2023
video, includes questions re Ripple
at about 40 mins.
$XRP: Galaxy Digital CEO Says Judge Torres Just Basically Said to the SEC “You’re Wrong”
https://www.cryptoglobe.com/latest/2023/07/xrp-galaxy-digital-ceo-says-judge-torres-just-basically-said-to-the-sec-youre-wrong/
philosoFi
this could go to trial - slowing down a resolution is a plan.
paint dries faster
We use the word "security" as if it were a noun, but it is more akin to an adjective. An orange is not a security - it's an orange, a commodity - but an investment contract sold to investors to grow and sell such oranges will be a securities contract.
So, "are tokens securities?" is the wrong question. No, they are tokens, but if any of them were sold as investments, then they probably will be securities.
I'm not sure if this really requires many tokens to split themselves into commodities and securities, so that the utility tokens are different to the investment tokens.
There are many different share structures that exist for corporations, so the above is entirely feasible.
US Banks Are Expected To Turn To XRP After The Decision!
Ahh... that confidence trick.
BTW FedNow is almost now.
getting nasty
and uglier
Ripple lawsuit: Now that ‘XRP is not a security’, what’s next?
Not so fast!
he just keeps forgetting to add that all those XRP owned by investors are investments and hence are securities.
Coinbase and other exchanges relist XRP
circle the bandwagon
U.S. Congressman Torres Asks Gary Gensler for SEC Reassessment Following Landmark XRP Case Ruling
Rips a new hole in the goose.
This is obvious.
Don't fall for any scams; if an airdrop is legit, it will say so on any official website.
Ripple CTO warns against XRP scams amid SEC-induced hype
Anti-social media is a cesspool - don't fall in.
Congressman Torres Calls for Investigation Into SEC Over its Approach to Crypto
https://www.coindesk.com/policy/2023/07/14/congressman-torres-calls-for-investigation-into-sec-over-its-approach-to-crypto/
'XRP Is on Shaky Ground,' Says SEC Official: Prepare for Appeal
https://u.today/xrp-is-on-shaky-ground-says-sec-official-prepare-for-appeal
Former Securities and Exchange Commission (SEC) official, John Reed Stark, highlighted that an appeal against the Ripple decision is not just likely, but highly anticipated. Given the unprecedented nature of the ruling, the court is expected to certify an immediate, interlocutory appeal. The Second Circuit will most likely consider the appeal in the light of the contrasting judgments in similar SEC cases against other entities, such as Telegram.
Let it bleed...
Curated by @ultravioletmag
To me, it seems like a major victory for XRP. A victory for all Alt Coins. Or am I wrong?
The champagne seems to have gone flat today on the markets - maybe just a hangover, so we shall see.
I still see it as only a partial victory, as the XRP sold to investors are likely securities, while those generated algorithmically (and have never belonged to the dev team) are probably not.
Hence, every altcoin would need to go back and see how many of their coins were sold as investment contracts; for some coins this might be zero, but for others it could be a lot more. All that VC money, did it go into buying company shares or coins?
The world of investment trusts has many types of shares, so it is perfectly possible for a coin to be a security and yet, if sold on the open market, stops being a security as the investment contract was solely with the original investor.
but this means that coinA might need to be split into securities (coinAs) and commodities (coinAc) but I don't think this has ever been done - is easily doable in contracts.
here's a summary of the summary judgment
and a video
part 1 link on the video page
what's with that woketard astonished gawp? when will it stop?
hah!
when the drugs don't work
It didn't rocket coz some people are processing the maths.
This isn't an unalloyed victory.
Indeed, this wasn't even a trial, as such.
number crunching and punching.
settle the dust, then kick it.
like I've said, I don't think this looks good for Ethereum - their protectors need to step up.