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RE: Why “the code is law hence no fork” position with regard to the Ethereum DAO is inconsistent
Trustless, immutable self-enforcing contracts are so only in a limited sense. They replace the lower level courts, but the Supreme Court are the miners. So human choice can override smart contracts, cancel transactions, return or block funds.
I get your point. How is this different from PayPal then? PayPal has a set of reasonable rules written in code but the ultimate decision about who gets the payment and who doesn't lies with PayPal owners. Pretty similar to what you propose.
I didn't write the article this is just a repost. I think the point is that one would have to have human guidance in case of bugs in the code. They can then stop unlawful transactions. There are many problems with this, but smart contracts is an extremely complex thing and I think ethereums implementation of smart contracts will not work. Either way this whole DAO debacle will weaken ethereum considerably.
If the forking goes through then ethereum will very much resemble an organisation like paypal, the decentralization dream will have to be undertaken by some other crypto, maybe lisk or nxt?