[ifdefdebug]

I don't think so, because if he claims "the code" is everything and even if the judges accept that argument, then the logical consequence is that, if "the code" allows for a hard fork, then the hard fork is "the code" as much as his attempt to drain funds.

[xg15]

I'm not a lawyer, but as I understood, the famous "the code is the law" quote is written in the DAO's terms of service (that's the whole reason why it could have any legal relevance at all: They basically tried to make the code their terms of service)

Therefore changing the code would be equivalent to updating the terms of service - and many judicial systems restrict when and how you can do that.

So I don't think it would be that easy.