In a thrilling exchange on Twitter, legal and crypto experts locked horns over the ongoing Ripple – SEC lawsuit, which has created much turbulence in the cryptocurrency industry.
Retired securities lawyer Marc Fagel casts his view on the case, which hinges on whether investors expect profits from others’ efforts – a premise that the SEC is keen to exploit. His quip about the ‘unreasonable’ crypto investor, a community known to spend millions on monkey jpegs, adds a tart flavor to the debate.
Ripple’s CTO, David Schwartz, responded in a lengthy, impassioned tweet thread, drawing several analogies, including those of developers managing Home Owners Associations (HOAs) and sellers of limited edition items, to illustrate the mismatch between the SEC’s logic and the reality of token purchases.
Schwartz argued that in both cases, the buyers’ interests are put first, which is typical of security. But, he questioned whether that should apply to tokens like Ripple’s XRP.
Lawyer Bill Morgan argues that creating an expectation of profit is not merely about making a representation. It’s about crafting a psychological state in investors, a process that carries both objective and subjective elements.
Morgan brings a fascinating perspective to the table: what if Ripple’s actions or statements don’t actually sway XRP’s price? If the price of XRP moves with the market, he posits, then the ‘expectation’ is a phantom, and the SEC’s premise might be resting on shaky ground.
The outcome of the Ripple – SEC case could set a precedent for future cryptocurrency regulations. As such, the entire crypto community is waiting with bated breath for the final verdict. The Twitter wars, in the meantime, continue to fuel the debate and stir up the industry.
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