People smarter than me.
Ripple owns XRP II, LLC. Fully owned subsidiary. It is a Fincen registered money transmitter license.
Could Ripple register a XRP ETF via XRP II?
CBOE future contracts. With ‘physical’ delivery from escrow after 1 month.
@JohnEDeaton1@WKahneman
@MetaLawMan@Belisarius2020 It’s threading the “post sale obligation” needle.
Early sales (discount, lockup, etc) compare to ODL (at fair value? Immediate use? Treasury distribution?)
But how to resolve revising a narrow but important part of her decision?
@khughbreslin @Mark_Phillips@WarrenDavidson Sometimes it’s old fashioned politics.
Pre trump ripple board had heavy Clinton era D influence. Ben Lawsky, Gene Sperling.
Trump win was a huge political pivot.
Apart from Craig Phillips (Mnuchin) do we see the board lean R or D?
@Belisarius2020@JoelKatz They cannot move past “embodiment theory”
If ever truly validated- where is the line between commerce and investment on other goods traded for value?
@attorneyjeremy1@Belisarius2020 Layman logic is this.
SEC seems to still seek a way to suggest XRP is a security.
Logic: according to SEC what legal way can ripple sell XRP?
If none. Doesn’t that make it a “de facto” security.
@JohnEDeaton1@attorneyjeremy1@FilanLaw@Belisarius2020@s_alderoty
How many years of law school do I need to be as elegant as Judge Torres?
Swipes away government over reach with a single sentence. In a paragraph that she is “chastising” the defendants.
Brilliant!
@attorneyjeremy1 Her quote implies that any challenge to ‘secondary sales’ would have to be a distinct scheme or group of individuals. To satisfy howey as a whole.
No way you can apply that to exchanges at large.
@JohnEDeaton1@StubHub
Care to weigh in? Your legion of security lawyers offering input on the possibility you have received wells notices over the years.
None? 🤔🤔🤔
Now that can’t be right…
@WKahneman From as provided and touted here, no.
My inference is from the creative use of $ending money and other potential nods to ILP.
Clearly, I’m reading between lines, a little ahead of what is listed in the post.
@WKahneman https://t.co/xXe74msi86
In action. This is the service that will allow you to have an “email address”. I.E. “ABC$example.com”
There was a US available app Payme+ that no longer works but allowed custom paystring addresses.
but do you have a prediction if Ripple's defense clearly hid this from everyone? or was the SEC clued in behind the scenes of these arguments already?
Thanks for any consideration.
@attorneyjeremy1@FilanLaw@JohnEDeaton1@Belisarius2020
Tagging a few attorneys for a question.
Jeremy, your video did an excellent job describing the Ripple motion as legal Aikido. Flipping the SEC arguments on their head, or a leg sweep.
This primary summary judgement filing clearly doesn't touch it, but really seeks to exclude XRP sales from Howey consideration, let alone application.
So, in your best guess, I know it's more than a feint because FN has teeth as a defense.
@Mark_Phillips Great thread.
To add another layer, it’s beyond a defense, and also an attack. By quoting W. Va vs. EPA - they argue the SEC is going beyond its congressional mandate.
The SEC will spend significant time defending itself in reply which every page of defense is -1 attacking
@Mattes55 @jerrybrito Considering miners operate nodes, and if 51% of said nodes updated their software, would that not be sufficient for a code update?
@jerrybrito Back in 2019 with the binance hack, there was active discussion to have miners collaborate for a 51% “reversal” of the chain. Quoted are major mining pools at the time. Many less than 50 mentioned. It was decided not to proceed, ability to was accepted as possible.