Regulation will get that case dismissed as its impossible for XRP to ever be or become a security because of its utility. Once regulation gets implemented that case will get dismissed. Per the regulation XRP will either fall under one of the three regulatory agencies: CFTC for Crypto Commodity, FinCen for Crypto Currency, or SEC for Crypto Security. Due to the utility of what XRP does it will fall under FinCen as a Crypto Currency not to mention being fined $750k by them (FinCen) in 2015 for selling the Crypto Currency XRP without a license. Ripple settled with them for $500k. Regulation is the catalyst that changes the entire space....its coming!
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