Earlier quoted context omitted.
From The DAO Terms: The terms of The DAO Creation are set forth in the smart contract code existing on the Ethereum blockchain at 0xbb9bc244d798123fde783fcc1c72d3bb8c189413. Nothing in this explanation of terms or in any other document or communication may modify or add any additional obligations or guarantees beyond those set forth in The DAO’s code. Any and all explanatory terms or descriptions are merely offered f…
It's fraud. It doesn't pass the officious bystander test.
* If you have to involve the legal system then the project has failed because the whole point was to have a contract enforcement mechanism which doesn't need a court system.
* If a legal system can override the smart contract then there's no point to even having one since the ultimate authority still resides with the state.