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The Burning Question: Is XRP a security? Going in depth


ibelievexrp

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1 hour ago, PunishmentOfLuxury said:

Do you have a source for your assertion that the SEC has to wait for the judge? Because court proceedings are probably going to take until 2020.

Its called sub judice rule.

Means when the question is raised at court, one shall not imply how the court should rule on the case. That doesn't apply to the parties involved and their lawyers.

https://www.attorneygeneral.jus.gov.on.ca/english/legis/subjudicerule.php

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22 minutes ago, Britak said:

Its called sub judice rule.

Means when the question is raised at court, one shall not imply how the court should rule on the case. That doesn't apply to the parties involved and their lawyers.

https://www.attorneygeneral.jus.gov.on.ca/english/legis/subjudicerule.php

I read it, and the sub judice rule has nothing to do with this. It addresses what can be said/not said without being held in contempt. And this is a Canadian legal rule while the case is in the US.

The relevant department has not made its decision yet (the SEC) on whether XRP is a security. The judicial branch is not in the habit of doing a federal government department’s job for it. Once a decision is made, then the courts will agree/disagree with the SEC and go from there.

The second paragraph is of course only my opinion. And you know what they say about opinions...

The first paragraph is fact. Sub judice is not relevant. It’s interesting for us all to speculate and be investigative lawyers, though.

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8 hours ago, enrique11 said:

I really don't care about the symbol at this point as long as SEC gives Ripple/XRP and us a break, and Ripple's marketcap is able to shoot up once more.

I think the intended users of the network, the FIs, should do the symbol...they have to work to do a worse job than we have...I'd like to think of the current symbol as temporary until some other groups decides.

Why not have non-ripple run validators vote on some symbols after the network is sufficiently decentralized...make it official by having the vote written to the ledger, one vote per validator? ?

What gives me hope is that we reached ATH on just speculation alone without any use. If ripple can get xrapid pilots into actual production, the price will rise with the bullish market. I dont see use case price rise until a market is established around the product which takes time ( introduction of money makers) 

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21 minutes ago, Bmatt44 said:

What gives me hope is that we reached ATH on just speculation alone without any use. If ripple can get xrapid pilots into actual production, the price will rise with the bullish market. I dont see use case price rise until a market is established around the product which takes time ( introduction of money makers) 

Agreed. Hoping it starts to happen this summer.

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2 hours ago, Deeznutz said:

The relevant department has not made its decision yet (the SEC) on whether XRP is a security. The judicial branch is not in the habit of doing a federal government department’s job for it. Once a decision is made, then the courts will agree/disagree with the SEC and go from there.

Agreed. I am an attorney, and while I don't practice in securities or trading, you're idea reflects a general legal principle. Here's my post on it and my take on the situation.

On 6/15/2018 at 8:00 AM, Simoun said:

The SEC won't slow down its policy and rulemaking because of [pending litigation.] In fact, courts will presumptively defer to the agency enforcing the law on how it is to be interpeted. Agencies certainly want to help shape case law. And if the SEC balked because of ongoing corporate litigation, they'd get much less done.

In that sense, if we're optimistic that Ripple has been making progress with the SEC on a roadmap for havimg XRP not treated as a security, the longer the timeframe for the lawsuit the better in terms of managing the risk.

Certainly, a court may disagree with the agency expertise, but the burden will be on the court to explain itself.

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On 6/19/2018 at 6:41 PM, xrp_moonjet said:

Yeah I will never trust Jed with all the history of red flags on him.. He will flee with all the money one day.. 

Well, you could ask yourself in the context of the cryptocurrency community and space what's more important, a crypto with a bad reputation, but all else is good or a founder with a bad reputation, but all else is good?

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3 minutes ago, enrique11 said:

Well, you could ask yourself in the context of the cryptocurrency community and space what's more important, a crypto with a bad reputation, but all else is good or a founder with a bad reputation, but all else is good?

elaborate.

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2 minutes ago, default said:

elaborate.

I thought the my post was self-explanatory to an extent.  oh well...

It's nothing really, just trying to get others to think a little...

Edited by enrique11
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Just now, enrique11 said:

I thought the my post was self-explanatory to an extent.  oh well...

If you mean by Jed having a bad reputation while Stellar being all good, it's VERY debatable.

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I generally believe in companies that have a good leadership.. Stellar is not going anywhere because of Jed. DOT

If you are scared of XRP deemed as a security then its better to swift to BTC or ETH, which was already hinted that its not a security. 

But for me, Ripple's team has been doing all the good things to make XRP flourish, so I have no doubt in them.. As Brad mentioned there is going to be multiple winners in the crypto ecosystem. 

And I don't really care about what crypto community wants.. Because Crypto community is full of amateurs and they are religious to certain projects and they won't understand the tech behind it.. I know the technology and community behind the XRP ecosystem, I am very confident and no FUDS can shake my position at XRP.. When institutional buyers enter in , you will know who will be the winners. Project will real utility to back its value will sustain. There is only one project of that kind. 

 

Screenshot Source: @Hodor

Screen Shot 2018-06-19 at 11.49.16 AM.png

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22 hours ago, default said:

If you mean by Jed having a bad reputation while Stellar being all good, it's VERY debatable.

Then implicitly that's the same case for Ripple ("debatable") since Jed founded that as well.

Edited by enrique11
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1 hour ago, enrique11 said:

Then implicitly that's the same case for Ripple ("debatable") since Jed founded that as well.

He hasn't been actively working for ripple (opencoin/ripple labs/ripple) since 2013 july. The co-founder of OpenCoin Chris Larsen has been acting like a professional in contrast with Jed's temper tantrums. Ripple has grown leaps and bounds since his departure.

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ATTENTION

ATTENTION EVERYBODY 

 

I hereby proclaim that forthwith, and in my humble option, XRP shall NOT be deemed a security.

 

 

Now carry on.....

 

As you were.

 

Thank you

SEC

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