So - you have an open-source smart contract with code that allows you to do “X”. You go ahead and do “X”. Not sure if hack is the best word here. Exploit, maybe?
Interested to see one of these cases going to court.
Interested to see one of these cases going to court.
I don't think courts would feel the same way. For instance: https://www.coindesk.com/policy/2021/12/22/teenage-suspect-i...
Contracts also need things like consideration and not being "against public policy".
We need a smart court to handle it.
Thus, "smart contracts" behave like software programs (what happens is what is actually written in the "smart contract", not the intent that programmer had when he wrote it, nor the expectation of the user when he interacts with it), and not like legal contracts (where intents and expectations come into play, and courts can be involved for arbitration).
Besides, which exact court would have jurisdiction over a smart contract exploit that happens in Ethereum, for example? A court in the country of the person deploying the contract? A court in the country of the person that interacted with the contract and lost their assets? A court in the country of the (unknown) exploiter? A court in the country of the blockchain developers?
Me: Hey boss the code is to spec ready to deploy? Just need my payment in USD.
Crypto Entrepreneur: Yes, here is your 50k, I will now turn my 100k into 5M, with my smart contract.
Me: actually it looks like your money is gone. They used feature X that you requested in a way that you didn't expect.
furthermore courts all operate on phoenix right "gotcha!" rules where one slight mistep in a business contract means the other party can go Scott free off the hook, and not have to worry at all about reasonable intentions or fairness