Just to clear some things up:
In some contexts, 'smart contract' is a misnomer: it's just a computer program that resembles a legal contract but does not interact with the government in any way. It just moves money according to agreed-upon rules. I don't think it's common to use both a legal contract and a 'smart contract' to enforce the same agreement.
In the specific case of the project known as 'TheDAO', the terms of service does indeed waive all legal rights and says that whatever the computer program says supersedes all human-world stuff. (https://daohub.org/explainer.html)
All of this stuff is so experimental that there's an exception to everything at this point.
Subscribe to RSS Feed
= f037147d6e6c911a85753b9abdedda8d)
It is an article of faith is some circles that the blockchain is exactly this kind of magic :-/
I hate this so much, and it happens so often with Tech stuff. Just because something is brand new, and does not have laws or regulations relating to it right now does not mean that people can simply do whatever they want.
Courts are still going to litigate this stuff, and people are definately going to sue if they start losing huge amounts of money, and it is just worse that the creators are basically not planning for these issues, but just going off the basis that it is all going to work out.