I'm not a lawyer but I would be very surprised if courts in most countries would buy this argument.
Spelling or grammatical mistakes usually don't invalidate contracts in the real world and robbing a poorly secured vault is still illegal.
The thief was obviously trying to get other people's money without their consent.
I’d love for this type of thing to be tested in court. I’d invest in popcorn futures ahead of that trial.
If they do that and if they get hold of the individual (or their assets) the court can force compliance in the usual ways.
"I can't access it and never will be able to" is not a believable excuse unless you can prove it.
The Law allows people to agree to stupid things, no?
It's so poetic.
Only cryptocurrencies are trying to have it both ways. They boast that big bad governments can't touch their money scheme, until someone finds a loophole in the code-is-law. Then suddenly law is law again.
https://www.bbc.com/worklife/article/20180723-the-commas-tha...
The old mantra of possession is 9/10ths of the law is and always has been false. If i have something i own it. That is the one fundamental truth. Now someone can come and try and take it back from me by force (Person, Court System, Rebels, Corporations) if they can exert more violence on 'me' than i can exert on 'Them'.
The problem with crypto is the 'keys' are what crypto is. No nationstate can come and take that away from me. They can kill/imprison/fine me, but then neither of us will have it. You would have to hack/fork the chain for that to happen (Which has happened) or find some social way around it (If i have it on a centralized exchange, if i have a hackable hard drive, found my keys on AWS, etc etc.) Additionally, with things like Monero, and tornado swap good luck trying to find them.
If you offer a sheep for 100 lb of apples, and someone accepts and gives you the 100 lb of apples, you owe them a sheep, even if you later think that deal was a bad use of that sheep.
If you say "currency is to move and out of my bank/warehouse according to these rules, conducted by this robot", and someone finds a profitable way to transact with that robot according to those rules, you have arguably signed away those profits to that someone, and they are then entitled to keep what the rule-implementing robot gave them.
This doesn't mean "code is law" actually works as a defense in court -- there are are all kinds of reason why that promise might be unenforceable -- but you can't casually asset that this is a robbery without examining the specifics of how the transfer happened.
But again, it ignores my last point completely. Good luck trying to find the person behind the wallet.
'Code is law' is just a reddit meme at this point, that has no basis in reality. 'Smart contracts' are just regular contracts, but with more opportunities for theft.