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Fortune
Fortune
Leo Schwartz

Ripple's open market sales of XRP cryptocurrency aren't securities, court rules in landmark decision

Brad Garlinghouse, chief executive officer of Ripple.

It was the court case the entire crypto industry was waiting for—the showdown between the Securities and Exchange Commission and Ripple, an early digital assets firm behind the popular XRP token. The SEC alleged that sales of XRP constituted offering unregistered securities, while Ripple defended its $25 billion market, chiding the SEC's lack of clear guidance. On Thursday, a federal judge agreed partly in favor of both parties, with Ripple—and the broader crypto industry—appearing the early victor.

The existential question for the U.S. crypto sector has been whether the thousands of tokens, from Bitcoin and Ether to Dogecoin and Pepecoin, are securities—a financial term for an investment contract, which would require registration with the SEC. Crypto firms have argued that working with the agency is impossible under the current rules, while the SEC has accused nearly every token, with the clear exception of Bitcoin, as operating illegally.

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