Will every Smart Contract to come be surrounded by legal jargon saying that - if you do something 'we' didn't think of - it's illegal !? .. there is more at stake here than just DAO.
Dont be childish.
Luckily there is Common law. Contracts are all about consent; abusing a gap/hole/vulnerability in a contract is obviously non-consentual and thus illegal. Without such a legal framework, no contract in the world could exist. No contract is perfect.
http://www.coindesk.com/sue-dao-hacker/
Now about this DAO thing, i don`t know much about it but why they take it down I cannot comprehend.
Why not fix the code, create DAO2.0, and move on? BTC has hard forked before, it is a learning experience. Why do people say ETH is dead? ETH was not even hacked.
BTC was hacked before and survived!!