Vitalik just proposed a solution to the crisis. If the Ethereum community accepts that, it is the responsibility of the community. The community will go to the prison.
Who was doing the promotion that caused the $168m to blindly invest? Who were those n00bs entrusting their faith in?
These are the issues that matter in securities law.
I been warning everyone for the past months that they needed to put very conspicuous warnings else they risk the wrath of the law.
Hey I am an (min)anarchist, so I agree with you except I can't deny that the State and the Law exist. I agree that the n00bs should be responsible for their own actions. And that they are the community so they are in charge of the open source protocol outcome. But the problem is the minority is subject to the will of the majority. So the minority could still file a class action lawsuit alleging that for example (and there are many others) Minecache told them that Vitalik is a genius:
They should have warned all those DAO investors that they could lose everything. They should have made that very very conspicuous.
Vitalik and Tual need to lawyer up if they haven't already done so.
I suspect they MUST do a fork and then communicate much more vigorously the risks to the users of this system going forward (which would also perhaps dampen enthusiasm but maybe not if they are word crafty). I think once the Ethereum Foundation consults with lawyers, they will realize this. Then they have to convince the stakeholders. And hope none of the users file a class action lawsuit (but I expect TPTB planted their own users already and the class action lawsuit is coming).