Consider this: If instead of hard forking, the same folks get together and create a new coin called Paycoin Redux (PAX). They do an ICO in which any holder of XPY can obtain equivalent value pro rata percentage of PAX coin by exhanging their XPY for PAX; except Josh and any person or entity that can be identified with Josh as an affiliate or family member is banned from ICO participation. The XPY exchanged is destroyed. The result of this would be exactly the same as a hard fork, but you cannot possibly claim anything morally, ethically or legally wrong with that.
This I completely agree with. The issue with forking out addresses on the same coin, without regard for if it can be legally enforced as theft or anything else, sets up a bad idea within crypto-currency as a technology. Imagine if the governments had said "fork out all silk-road coins" and "fork out all mt-gox coins"... then they decide to regulate coins so that to launch a coin you need to be able to put a freeze on any address at the drop of a hat if the court orders it.
It is much cleaner to make a new coin and throw up an exchange where any coin that's over (days-since-announcement-of-new-coin) can exchange 1:1 into the new coin. That means all staked coins die in their original chain and only those holding coins at the point of the announcement can exchange, so no arbitrage crap.
But the people this is supposed to exclude are already in a position to take full advantage of this. I know for a fact that Garza was and still is mixing and parking XPY in varying amounts in many hundreds (probably thousands) of addresses. How does one prove who they are with a crypto coin? An Email address? Sorting out which coins belong to whom is simply not feasible, and returns to the same basic false assumptions used to try to justify forking coins out of the Paycoin Blockchain that belong to certain people. Garza & Co. have had a 6 month head start and have been laundering millions of coins 24 hours a day since the launch. Any plan to help improve the viability of or enable cashing out from Paycoin is going to help Garza and associates, there is no way around this.
P.S: These comments about a potential fix of Paycoin not being on topic here are every bit as absurd as the fix suggestions themselves.