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Decentralized userbase sure, but that’s not the point. Ripple is the only issuer of XRP, unlike BTC, where coins are issued based on PoW. That’s why XRP is a security.
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What do you want to call it? One single company, Ripple, created the entire supply of XRP and gets paid every time it increases the circulating supply. A playbook definition of a security.
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Yes, however the current ledger did not exist until 3 months after that agreement was signed. The ledger referred to in that agreement was abandoned. Arthur anticipated something like that might happen, which is why he demanded a piece of future ledgers too.
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It may be a matter of perspective. Saying it doesn't make it true. When 3 people are working for the same company at the time they create something together, usually you would look to their employment contracts to determine to what extent their employer owns their work.
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Are you talking about some old, dead abandoned ledger or the current version we're using today? The XRP ledger that exists today came in to existence 3 months after the formation of OpenCoin. The XRP that everybody uses today did not exist before Dec 2012.
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