A split-the-difference court decision moves the years-long proceeding between the Securities and Exchange Commission and blockchain developer Ripple Labs one step closer to conclusion.
Why it matters: The Ripple case has been closely watched for its potential to move the debate around crypto token classification — a key issue driving regulation and a recent wave of enforcement actions.
Details: The court on Thursday ruled that institutional sales of Ripple's XRP token — such as hedge funds or venture capital firms buying XRP directly from Ripple — "constituted an unregistered offer and sale of investment contracts," thus in violation of federal securities laws.
Yes, but: Secondary sales, or "programmatic sales," of XRP on crypto exchanges, did not, because a secondary market buyer "did not know to whom or what it was paying its money,” the court ruled.
Quick take: It's a win for Ripple.
What they're saying: "The SEC sued me personally too, so I feel vindicated," Brad Garlinghouse, CEO of Ripple tells Axios.
He added that Ripple's victory, was more importantly "a win for crypto in the U.S."
Stu Alderoty, Ripple's legal counsel, added that it was "a really important, fundamental, legal clarification" from the order: "The digital asset itself is not an investment contract."
Zoom out: The XRP token, and whether it is considered a security, was at the heart of the SEC lawsuit against San...
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