Stealing someone’s private key and then using it to steal their assets is very different from exploiting edge cases of get rich quick schemes.
Stealing someone’s private key and then using it to steal their assets is very different from exploiting edge cases of get rich quick schemes.
If you didn't want folks to be able to get the crypto under those conditions, then why did you make the contract grant them the crypto in those conditions? I can't take a stack of $100 bills and leave it on the sidewalk with a post-it note saying "only to be picked up by John" and then sue the person named John who comes by and picks up cash. I also can't get mad when Alice sees the stack and tells her friend John to come pick up the money with his name on it.
So it is with crypto. Why are you using crypto if you don't want to follow the rules? That sounds to me like you're trying to do unregistered securities trades...
It's a very hard battle to say "wow, I didn't intend to have my contract say that, despite writing that and publishing it." You'd have to have a lot of auxiliary material explicitly stating the opposite of what your contract actually said, or you'd have to convince others that what the contact actually says is so difficult to understand that there was no way to anticipate that the contract allows what it does. And even then, I don't know if that'd pass because "I didn't think of that at the time" is commonly not accepted as a way to get out of breach of contract.
> To form a contract, there must be: a) an offer and acceptance of said offer; b) consideration for the offer, or some value exchange; c) an intention to form legal relations; and, d) a certainty of the terms of the contract
https://www.canlii.org/en/commentary/doc/2019CanLIIDocs4082
The people who made the smart contract almost certainly wouldn’t tick all four of those boxes definitively. It’d be an interesting civil case probably!