If a smart contract is also a binding, legal contract, then normal contract law applies - and intent matters here in the real world. Therefore, it's theft.
Most likely true. But if intent matters and the smart contract isn't actually the final arbitar, then smart contracts are fatally flawed.
Unless courts recognize the ability to sign away your rights through some kind of disclaimer that makes the smart contract the equivalent of binding arbitration.
Unless courts recognize the ability to sign away your rights through some kind of disclaimer that makes the smart contract the equivalent of binding arbitration.