Re:Status – A Mobile Ethereum OS
by davidgerard on Sunday April 30, 2017 @03:13PM
(#14233302)
> TheDAO very explicitly states that you can't do this
It turns out the code of a smart contract doesn't override the legal system.
Re:Status – A Mobile Ethereum OS
by dragonwriter on Sunday April 30, 2017 @03:28PM
(#14233374)
> Honestly, though, I have absolutely no idea what would happen in a legal case involving 'smart contracts', as I don't think there's any precedent involving treating computer programs as contracts.
Smart contracts aren't legal contracts, though they may be evidence of the existence and content of one.
Of course, strictly speaking that's true of the written documentation of a contract, too.
That quote doesn't seem like good news for the hacker, since it seems to say the contract code is not a legally binding contract (and therefore doesn't govern legal ownership).
It would be an interesting case, for sure.
TheDAO very explicitly states that you can't do this: "Your use of the Software does not, in and of itself, create a legally binding contract in any jurisdiction and does not establish a lawyer-client relationship. Your communication with a non-lawyer will not be subject to the attorney-client privilege and (depending on your jurisdiction) may not be entitled to protection as confidential communication."
Honestly, though, I have absolutely no idea what would happen in a legal case involving 'smart contracts', as I don't think there's any precedent involving treating computer programs as contracts.