This is a good discussion: https://www.bloomberg.com/view/articles/2016-06-17/blockchai...
I disagree. The code must also refer to the implementation of the Ethereum clients, and the collective will of the network participants. Those are implicit provisions of the contract, specified in advance. The Ethereum Classic chain still exists, and the thief is welcome to use it. People have simply voted with their feet and prefer a world without the theft. There is no breach of contract, anyone is free to fork the Ethereum network in any way, at any time. It is up to the users to decide how much value to ascribe each fork.
If the premise is "the code is the contract, period, except we reserve the right to change the contract at any time or even to cause the contract retroactively never to have existed, based on implicit or subjective factors decided by humans and not by code", then it's a very different beast.
Given the number of people involved, it could even be juged as organized crime against one person...