Friday, September 24, 2021 10:53:17 AM
The problem is that you can look at tbe howie test and make a claim something is a security and you can make the claim how it is not. Xrp is a hybrid asset that can be many things. Sec has taken stance that ALL xrp is a security. The ones that Ripple sold AND the ones that we bought on open mask.
If sec wants to take a hard stand and classify it all, then it fails the 4 prong test and is not a security.
Sec should have said the xrp we hold is not a security. The xrp that ripple sold from 2015 to 2018 may have been considered a security. There is a case there and it is still grey area because of the howie test. But xrp today, and xrp that we hold and that outsider developers are using for their own projects, that is not a security. Sec wants to harm us all in this lawsuit, because if they admitted our xrp was not a security, it may weaken their case. So they are obviously putting themselves ahead of the citizens they have sworn to protect.
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