We don't know what a judge will say, of course, or in what jurisdiction. But, look up equitable fraud if you'd like to understand the law a bit. Two parties c

We don't know what a judge will say, of course, or in what jurisdiction. But, look up equitable fraud if you'd like to understand the law a bit. Two parties can't usually contract around the rights of a third. In this case, many are harmed. Judges apply the law with the aims of justice in mind. And, that's just civil -- e.g. Does the thief owe money back plus harm damages? The criminal tests here seem really easy to meet to my mind. This is the sort of case every aggressive prosecutor who wants to make a name would love: Assholes vs Grandmas, and assholes who have publicly stated they did it already. I would think theDAO itself will be sued in short order, regardless of outcome. If the thief really wants to make money, maybe they should escrow the funds and sue theDAO for damages.