"Ethereum is a decentralized platform that runs smart contracts: applications that run exactly as programmed without any possibility of downtime, censorship, fraud or third party interference."
Second, while there are similar tests in other countries' legal systems, it's not that clear cut whether this would be considered such a case or not -- a single lawyer's opinion aside.
Yeah, sorry. But as you say there are similar tests in other countries.
> it's not that clear cut whether this would be considered such a case or not
Whether it would be considered a contract, or what are you referring to? Either way, Etherium and/or the authors of the DAO will get sued, and the investors will win the suit. If you think there's a scenario where someone walks away with $50 million and nobody goes to jail as a result, I'm sorry to say that you're delusional.
And if Etherium hard forks the blockchain, then people have lost faith in the system. So IMO this won't end well for Etherium in either case.
Maybe you should read up on financial fraud, white collar crime and Wall Street?