Earlier quoted context omitted.
What makes it stolen property? If the smart contract allowed it…
The sender did not mean to send it, making it misappropriation or unjust enrichment. Edit: (Re Revlon) https://www.npr.org/2021/07/23/1019909860/banque-worms (NPR piece on the Revlon incident) > Elisabeth de Fontenay is a professor at Duke University's law school, and she used to be a corporate lawyer. > DE FONTENAY: When payments are made, for example, from banks to individuals like all of us in error, we have to gi…
I see no reason why it should not be - parties entered into it freely for adequate consideration. Parties were well aware they were entering into a contract ("smart contract"), and by the technical format of the contract did contemplate that they could end up with an unfavorable result due to "bugs" or other unforgiving consequences of its extremely formal definition.
This is the crux of the matter. If you've got a reason why this smart contract could possibly not end up being treated as a contract, then you need to make that argument. You can't just keep asserting that the payments are mistaken transfers without an actual argument.
Furthermore, unless/until setting aside smart contracts were to become well established case law, recipients of the windfall should be able to rely on such reasoning, making keeping the tokens decidedly not fraud or conversion.