Kraken's recent legal motion emphasizes the distinction between primary offerings outside its platform and secondary market transactions within it. The filing asserts that only digital assets, not investment contracts, are traded, brokered, or settled on Kraken. This, according to Kraken, reflects a fundamental misunderstanding by the SEC of digital asset transactions. The filing also challenges the SEC's application of the "investment contract" analysis, arguing that the SEC is conflating separate types of transactions to suit its regulatory agenda. Kraken contends that a contract with post-sale obligations is required to classify a transaction as an investment contract, a requirement it believes is not met in its platform's dealings.