From Slock.it:
""" The terms of The DAO Creation are set forth in the smart contract code existing on the Ethereum blockchain at 0xbb9bc244d798123fde783fcc1c72d3bb8c189413. Nothing in this explanation of terms or in any other document or communication may modify or add any additional obligations or guarantees beyond those set forth in The DAO’s code. Any and all explanatory terms or descriptions are merely offered for educational purposes and do not supercede or modify the express terms of The DAO’s code set forth on the blockchain. """
@Organization: How could you promise people to handle their money without any audits?
@Hacker: You don't get to keep the money you managed to siphon out the hands of these irresponsible people.
The question remains whether the organization contract is acknowledged by a court.
* Unless a significantly bad event happens to anyone with enough power to fork it.
The DAO was literally the "to big to fail" investment of Ethereum.
But it was executed as it was agreed to, with an explicit agreement that the agreement would be understood as written, not as intended.
[1] https://blog.slock.it/deja-vu-dao-smart-contracts-audit-resu...