I understand your arguments, though you misconstrued one of mine.
All rsETH is minted on mainnet, so L2 rsETH is not a separate class of asset
That is the opposite of what I said:
As all rsETH is minted off mainnet, there is no argument that L2 rsETH is a separate class of asset.
And while we’re at it, loss/profit policy/terms does not in itself act as an asset class distinction, as distinct asset classes can absolutely have different policies for claims vs loss.
Silence is not evidence for subordination — it’s evidence the TOS didn’t contemplate this case. When a contract is silent, the default is not “whichever reading favors the larger holder group.” The default is equal treatment of instruments sold as fungible.
Agree the TOS cuts both ways, but it’s a big reach to say that they are “instruments sold as fungible” when that doesn’t exist in any of Kelp’s formal marketing. Unified backing or universal fungibility are characterizations made by the media and users, not by KelpDAO themselves AFAIK. Instead, the ToS disclaims hacks and bridging risks. Simply tweeting a relationship with L0 and referencing them on your site doesn’t override this.
USDC depegged globally when SVB failed, not selectively on one chain.
Irrelevant. USDC depeg was a liquidity crisis, not a theft. See Ripple vs SEC where court ruled fungibility alone was not enough to establish asset class. Also, USDC is explicitly backed by commingled banking reserves.
The correct analogy is a commodity ETF: if the vault is robbed, every shareholder’s NAV drops proportionally, regardless of which brokerage holds their shares.
rsETH and rsETH-via-adapter-claims are not the same commingled pool, but I suppose you could try to debate that but fact is, they have separate redemption mechanism aka separate smart contracts. IMO not the same class. rsETH is clearly canonical vs L2 escrow-fulfilled rsETH.
AAVE says rsETH is fully backed. From their POV, rsETH is fully redeemable for ETH. That the claim was corrupted at the adapter by the exploit isn’t something they HAVE to respect. Indeed, I saw Kelp built in explicit whitelisting of AAVE in the SC, so doubt they could block 1:1 redemption if they wanted. I’m sure AAVE is leveraging all their power to find the best solution first.
Really hope for everyone to work together (looking at you LayerZero cough) to make all users good for the sake of defi, but if not, AAVE should not be left holding the bag. Their big mistake was allowing such high collateral from rsETH, but end of the day AAVE (and its users) don’t own 3rd party bridge security.