For ETH they can sue Vitalik Buterin, the rest of the Ethereum Co-Founders, and the Ethereum foundation. They are the issuers and majority of the ETH supply is there since the beginning.
Maybe they will. I don't know anything Buterin. But it seems like whoever created bitcoin was sincerely trying to make an independent token for exchange or a digital commodity. Many of the subsequent versions of crypto behave exactly like fraudulent securities, with hype, poor disclosure, wash trading and pump and dump. It makes sense to go after the predatory things first and cut some slack to things that were well intended.
Again, I don't know anything about the creators of ETH, but they may have a better defense of their actions then-- say -- Sam Bankman Freid.
