@zasad@. I reckon you misunderstood the case. Uncle Gary wants to declare them securities as issued by Ripple, however, they are not. The tokens by themselves do not have a contract or a promise of profit to the buyers. But securities laws were broken when Ripple offered them in private to investors. If XRP was sold in exchanges, this does not make it an illegal security which also acquits Coinbase from uncle Gary's case against them of being an exchange if illegal securities because XRP is not an illegal security.
That's where our opinions differ. You take this case literally, and I look at this court decision from different angles, because this decision also affects the big exchanges, which have their own beneficiaries, like Blackrock.
Speaking of sales, token advertising and “general solicitation” were strictly prohibited before, which violated US laws.
Before the regulation, many projects such as Solana, Near, Flow were essentially violating US law and the regulation process has only just begun.
However, the tokens by themselves are not illegal securities. The argument is securities laws were only broken if these tokens were sold through private deals, but if they were sold through the secondary market, this does not break securities laws. Uncle Gary is declaring that the tokens are illegal securities, the judge ruled that this is a mistake and these tokens are not illegal securities. This is also not according to your or my opinion. This is the judge's ruling.
Kraken Must Face SEC Suit Over Crypto Exchange Registration
https://finance.yahoo.com/news/kraken-must-face-sec-lawsuit-180222252.html?https://www.msn.com/en-us/money/companies/court-denies-kraken-s-motion-to-dismiss-sec-lawsuit/ar-AA1pkJ7jAccording to an Aug. 23 court filing, a U.S. federal court denied a motion by cryptocurrency exchange Kraken to dismiss a lawsuit by the Securities and Exchange Commission (SEC) alleging that Kraken operates an unregistered securities exchange .
In November, the SEC charged Kraken with “operating the Kraken cryptocurrency trading platform as an unregistered securities exchange, broker, dealer, and clearing agency.”
https://storage.courtlistener.com/recap/gov.uscourts.cand.421113/gov.uscourts.cand.421113.90.0.pdfFrom the November 2023 SEC action: #ADA, #AXS, #ALGO, #ATOM, #CHZ, #COTI, #DASH, #FIL, #FLOW, #ICP, #MANA, #MATIC, #NEAR, #OMG, #SAND and #SOL are securities
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This judge's ruling contradicts your arguments.