XRP derp lawyer: "Sir, how did you determine that BTC and ETH are not securities?"
Hinman: "Well, we studied the networks and you can mint your own tokens. All XRP on the market comes from a sale from Ripple."
XRP derp lawyer: "..."
XRP derp lawyer recovers: "But ETH was an ICO, was it not?"
Hinman: "Yes, but it ended 6 years ago. The ongoing XRP ICO is Ripple's only source of income."
XRP derp lawyer: "..."
XRP derp lawyer: "Clearly they sold an unregistered security. Why hasn't the SEC taken action?"
Hinman: "That company no longer exists."
XRP derp lawyer: "..."
Those three points will force XRP to plead for settlement at any cost in order to survive, because once that testimony hits the record their corporate death is just about guaranteed.
This is NOT the same as ETH.
You can mine ETH. The ICO tokens are a minority of the supply.
You cannot mine XRP. The XRP supply on the market depends purely upon the seller. The iCO tokens are the entire supply.
No, you're flat wrong. I should know because I'm the one that proposed the term to congress of "blockchain commodity" which is was a term the SEC agreed was appropriate.
The permissionless ability to mint tokens is the key factor. Believe me or don't.
Asserting there is a difference between the technical and legal is a red herring, in that it is very specifically the operation of the technology which is the determining factor of legal classification.
They did so via enforcement precedent.
Permissionless minting of tokens isn't a sure thing, as the CabbageTech dev and BitConnect found out.
You can still fuck it up by asserting undue influence.
This has been a good breakdown of the key points, but one must also remember Ripple Labs were advised appropriately by three different, qualified law firms and willfully ignored all three because their business model would be destroyed.
Not only did a handful of lawyers tell them... but so did I.
No fucks were given, and that's why they are under sustained legal pressure.
It's also worth noting that corporate death will not be specifically mandated by the court, but the changes to the business model which will be demanded plus the disgorgement of any restitution and penalties will spell the end for Ripple Labs... and very well may end XRP.
XRPs DLT implementation is not as anti-fragile as a blockchain implementation and as a result requires constant maintenance and monitoring by Ripple Labs employees.
ETH raised $12M via their ICO, and there's reasons its virtually untouchable.
First and foremost was EthSuisse, the developer of ETH, issuer of the tokens, and executor of the sale dissolved when the genesis block was created.
All the people slamming on this didn't read the article, because once you get right here... you realize this technology has the potential to be therapeutic.
The concept of closure is really tough for psychologists.
Nobody will ever tell you what you to hear, or do what you need someone to do, because it's not outside of you.
This is better than talk therapy or drugs, and as its generative it always eventually homes in on the need.