if the launch was public knowledge, and there was no funny business with changing coin supply, or some people had access to better miners etc, then it's OK IMO

DASH was a conspiracy, this just looks like a stealth mine, so if anyone was lucky enough to get on early good luck to them. It doesn't meet my requirements for a good investment though, but it doesn't look corrupt. A good launch it wasn't, but that's not smooth's fault

I think he has every right to mine and promote what ever he wants to. I would applaud him stating he respects that everyone else should also have that same free will and we don't need any sheriffs in the altcoin discussion. I expect though he is somewhat conflicted. So I am curious to read his response.

He will perhaps try to argue that a stealth mine is a free market and thus is not the same deception as an instamine. I will say bullocks, they are all free market activities. You are either a Libertarian or you aren't. Choose.

Legality is a different issue. But except for The DAO (and DAOs) where the legal risk seems to involve all participants, that legal risk appears to apply mostly only to the insiders and maybe the promoters.