Bankless cover image

How Ripple's Win Reshapes Crypto with Paul Grewal & Mike Selig

Bankless

Judge clarifies that assets and transactions on exchanges are not securities

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  • The judge clarified that the scenario she was addressing was not the one involving exchanges and the buying and selling of assets
  • Assets themselves are not securities, and transactions on exchanges involving those assets are not securities transactions
  • The SEC's argument of conflating initial sales with secondary sales is contradicted by judicial decisions in cases like kick, telegram, and library
  • The Ripple case distinguishes between the investment contract and the token itself, stating that XRP is not an investment contract
  • The telegram court determined that ton (the token) is computer code, not a security
  • The library case did not classify the library token itself as a security

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