Plenty of crypto hypers say the same. E.g. from a quick search of "Smart Contract advantages," the very first article, by a law firm:
> Guaranteed Outcomes: Potentially the most attractive feature, smart contracts could offer a way to substantially reduce or completely eliminate the need for litigation and courts. This is because when parties commit to using self-executing contracts, they bind themselves to the rules and determinations of the underlying code, rather than exposing themselves to interpretations med by parties outside of the contractual relationship.
Just think of non-smart contract parallels. If a bank had an ATM, the premise is that this ATM will execute a series of commands and allow you to withdraw/deposit/transfer funds. If a nefarious back actor found a series of user input that allowed them to withdraw millions of extra dollars, do you believe that the ATM provider will have no legal recourse? What about electronic slot machines?
In contrast, basically nobody outside of the blockchain space would waive their legal recourse in such a manner and thus would have legal recourse if the intent of their system was bypassed.
To go on to then argue that a legal system should not allow one to waive those rights as it would be idiotic to do so is a perfectly valid legal/moral/justice position, but also directly contradicts basically the entire purported value proposition of everything in the blockchain space whose primary “positive” differentiating factor is that “code is law” and they have waived those rights. To not allow them to do so basically invalidates their entire purpose.
Essentially, either let people bind themselves to “code is law” and suffer the consequence of their choice, or ban it at which point you lose decentralized trust and censorship-resistance making them no different than traditional implementations except that they are slower with higher operational costs.
I believe you're making this claim because _some_ crypto proponents believe "code is law" and because your personal logical framing is that web3 has no value add outside of being able to operate without legal recourse thus it must operate without legal recourse.
First, even if web3 had no useful value add, it doesn't mean it ought not exist. I can create a SaaS company that does exactly the same thing another company does just with my own logo and API documentation. Does non-uniqueness invalidate my company's existence? What if I forked an open source SQL database and slapped my name on the repo? Have you heard about something called substitute goods? I don't see why Pepsi can't exist in a world where only Coke is the norm.
Second, web3/blockchain/defi does have benefits outside of traditional web2/finance. The ability to not require depositing your funds into an account to transact on a protocol, for instance, is a clear value add. The ability to buy/sell NFTs without a middleman (if they choose to eschew a middleman) is a novel and potentially valuable value add as well. There are countless other applications of web3 that I won't delve into but these concepts can and should operate within bounds of legal recourse.
The observer will pay $100 dollars per blocked shot, and earn $1 per 3 point play made. All the games are played 1v1. To the untrained basketball player participants, this may seem to be a fair game. After all, it's quite rare in a real basketball game to see a 3 point shot blocked. So they sign the contract, fully agreeing to pay $100 per blocked shot and earn $1 per made 3 pointer.
To game this as a participant, I go to the ends of the earth ( I hear Sudan and the Netherlands are both nice this time of year ), and find a 6'8 ,215 lb boy and recruit him to play for me. He proceeds to block every single shot in every contest, winning hundreds of thousands of dollars and bankrupting the organizers. Just to further weight this, I also hire an opposing player who is only 4'3 to shoot as many 3 points as possible as quickly as possible.
Now, they signed the contract and agreed to it. They didn't have a clause for height, or any sort of caps, and now they have unlimited downside. How would the legal system handle this? Do you think they would release the participants liability? Perhaps, but not likely if they didn't sign the contract under duress. They fully agreed and had consideration ( the $1 per 3 point made ).
It's a contrived example, but it's useful to show that technicalities can be exploited in real world contracts just the same as smart contracts.
But it would appear that you expect us to believe that some commentary added by a random hacker news poster means the opposite?
(There have been exploits in both ATMs and smart contracts, after all.)
But I also think the shift directionally makes sense. Traditional finance (really most transactions for that matter) have moved towards fewer middlemen dependent, more democratized forms of transactions (e.g. wealthy folks can call their traders to buy/sells stock -> open to middle class -> no need to call traders -> no fee no minimum online trading). To me, not requiring institutions to maintain custody of my funds is a value add.
But most importantly, it could just be something different (that fails or doesn't fail, who knows). I don't think the web3 space NEEDS to eschew legal recourse because 1) that's not the only supposedly value add and 2) because it doesn't NEED to provide any value add for that matter. Perhaps web3 can just be the Pepsi the web2's Coca Cola. Only time will tell.
At that point it's no longer a premise (for those particular countries), but until then it's just a supposition.
I think courts are wary to wade deeply into a new financial system like this but at the same time I find it hard to believe that the judiciary and the legislature would rule (in the long run) that they have no ability to "make things right".
If crypto grows as as many people suggest and you have some significant percentage of the country that has savings or investments tied to these smart contracts, if there is a loophole like in this case, you'd have lots of people writing their local or national representative about this. I find it hard to believe that politicians would tell the people they represent "tough luck code is law".
Only having a slight understanding of crypto, if local courts are required, what's the point of crypto? Why not use the existing financial systems, where all of this is built in?
> [a crypto bro] criticized the team for turning to a centralized institution like the courts for help
But that's exactly the flaw of smart contracts, and why its promises will never work.
The hard part of contracts was never execution. The hard part was always conflict resolution and abidance by fair rules (i.e. "laws"). The hard part is what creates the overhead.
Smart contracts never solved the hard part. They remove the solution to the hard part, claiming the hard part is not needed at all. But the problems these solutions solve are the hard part. Pretending they don't exist is not "solving" anything.
There are so many examples of this. A minor can't enter into a contract. Severely mentally disabled can't either. Someone with a gun to their head can't either. It doesn't matter if they enter into a million dollar contract. That contract is invalid.
This is not "waste". This is the hard parts.
So that's one use of crypto.
In the non Web3 world, we typically have to rely solely on the financial institution providing the service to make transactions. That is, we have to have a Paypal account to withdraw from Paypal. We can only buy/sell Robux on Roblox, etc. Smart contracts allow us to essentially utilize any provider we want without the provider having custody of the funds at any given time.
I can go to any dex I want and transact without depositing funds. The dex also cannot agree to perform a transaction and hold my funds hostage, like how Paypal screws over some of their merchants with their "internal investigations." I can also buy/sell coins that the dex mints (e.g. ORCA coin) anywhere I want. It's not tied to a single account nor is it tied to single exchange.
And that's without getting into NFTs, flash loans, LPs, and other features of Web3.
The court doesn't care how crypto idealists think the world should work.
