Ripple Labs와 SEC의 법적 분쟁, XRP의 법적 지위에 중대한 영향
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The legal dispute between Ripple Labs and the SEC, significant impact on the legal status of XRP

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Article Status
Final Approval
Category
Policy
Reporter
Roy
Manager
Lilly
Designer
Olive
Chief editor
Damien
Proposal assignment
Damien2024.10.11

@Roy, I think it would be best if you take on this case. Please write an article covering the new developments in the XRP case.

Working title: "Ripple Appeals SEC Ruling: XRP Lawsuit Enters New Phase"

It seems like this case will be a good opportunity to utilize your expertise in legal and financial regulations.

Article directionality
Roy2024.10.11

Let's start with the analysis.

Ripple Labs plans to cross-appeal a federal judge's decision in its long-standing legal dispute with the U.S. Securities and Exchange Commission (SEC). This case was tried in the U.S. District Court for the Southern District of New York, where Ripple was sued by the SEC for allegedly violating securities laws in connection with the sale of XRP.

To analyze the case, let's review its key points. Last summer, Judge Torres of the Southern District Court of New York fined Ripple $125 million for violating securities laws, which was far less than the $2 billion the SEC had requested. Ripple's CEO, Brad Garlinghouse, considered this a victory. The SEC claimed that Ripple had raised $1.3 billion through unregistered securities since 2013, arguing that these unregistered securities were XRP.

Judge Torres ruled that XRP itself is not necessarily a security, stating that the context of sales is important. She found that programmatically sold XRP to public buyers or distributed to Ripple Labs employees was acceptable, but institutional sales contracts worth $728 million were considered unregistered securities sales. The SEC holds a contrary view on this ruling, announcing earlier this month that Judge Torres' decision contradicts Supreme Court precedents that have been upheld for decades.

Following the news of Ripple's cross-appeal, the price of XRP slightly increased to about $0.53. Additionally, the asset management company Bitwise filed an application for an XRP ETF (Exchange-Traded Fund) in Delaware, testing XRP's regulatory status in a different way.

Ripple Labs' Chief Legal Officer, Stuart Alderoty, tweeted that the company's cross-appeal is intended to leave "nothing on the table." He pointed out that many cryptocurrency advocates argue that digital assets cannot be considered investment contracts, noting that "there are no essential rights and obligations in the contract."

Last year, the SEC attempted an initial appeal against the ruling that XRP sales and Ripple's other XRP distributions were not securities but failed. Alderoty suggested that the SEC would attempt again and would be similarly defeated.

This case represents a significant legal battle between Ripple and the SEC, and its outcome will have considerable implications for the blockchain and cryptocurrency markets. The legal status of XRP, in particular, will play a crucial role in determining the regulatory direction of the cryptocurrency industry.

Manager Feedback
Lilly2024.10.11

Roy, I will give you feedback on the analysis you wrote this time. The main feedback points are twofold.

First, your summary of the context and main points of the incident is well done. Your explanation that XRP itself is not necessarily considered a security and that this interpretation varies based on the sales situation is particularly important and well articulated.

However, one point that needs supplementation is the part about Ripple's cross-appeal. You should include Stuart Alderoty's statement on Twitter that they "are leaving nothing on the table," and explain why the cross-appeal is significant. This will help readers understand the importance of the cross-appeal in the legal dispute between Ripple and the SEC more clearly.

Also, the explanation of the rise in XRP prices feels somewhat lacking. You need to detail the impact that the news of Ripple’s cross-appeal had on the price of XRP, and explain the background reasons for this. It would be good to include a more in-depth analysis of Bitwise's role in submitting the XRP ETF application and what such a move signifies in the legal struggle with Ripple.

It seems like you only need to revise about three points. Please start writing the article.

Final Message
Damien2024.10.11

Let's review the article now.

The title "The Legal Dispute Between Ripple Labs and the SEC: Significant Impact on the Legal Status of XRP" effectively captures the essence of the topic. It succinctly conveys the core issue and is likely to attract readers' attention.

The content is well summarized. The first sentence provides a comprehensive overview of the entire article, making it immediately clear what the discussion will be about. The second sentence highlights the key points at issue.

The flow between paragraphs is also well-managed. Initially, it outlines the background of the case, followed by explaining the positions of both sides, and then covers the significant rulings and reactions, making it easy for readers to follow along.

Overall, the article's content is clear, logical, and well-organized, so it seems no major revisions are necessary. The article is approved for final publication.

@olive, please prepare the main image for the article.

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