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We all recognize we are running out of time for a clean solution but here is my 2 cents on how best to resolve this with the least likelihood of issues legal or otherwise:
A simple hard fork to send all Eth for parentDAO and all childDAO's into a multisig: To be administered by current curators slock.it, I know you are all reluctant for all sorts of reasons including legal, but frankly speaking your situation can only get better from the current state. If DTH's feel aggrieved because we have to disenfranchise some to save most, you are all likely at risk of lawsuits. It's in your best interest to see this through. In my opinion, it will greatly increase the chances of a satisfactory ending for ALL.
The Idea of sharing extraBalance and post-attack split's share of ETH in the hope that people will choose to donate to make up for their losses is at best delusional and worst callous. We all know that most people will choose to keep the additional 3% and victims will be left with no recourse besides legal action. This is blatant theft! I don't buy this idea that we should throw people under the bus because some people don't want to wait 4 weeks (I have a solution for this below)
Once we HF the entire balance into a multisig we (pay if need be to have this administered)
Make sure that all refunds are not based on a percentage of the total ETH but done 100:1
Have proper accounting done so we can return the additional portion owed to late buyers directly paid into the wallets that bought them during the crowd sale (the extraBalance).
Use the chain to calculate all other edge cases such as post-attack splits thereby guaranteeing EVERYONE is made a whole.
Once all calculations are done and verified, pay everyone at the same time so nobody feels cheated by having to wait 4 weeks.
Nobody should be making a profit off this. If there is a cost to carry out this plan, we should ALL share it equitably. I realize this could take 2 to 3 months but I believe its the most reasonable and safest way for all stakeholders including Curators and Slock.it
EDIT: Spelling correction. Also I would like to clarify that while I mention 100:1 exchange it is likely to be more like 99.9:1 to cover admin cost.
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