Agreed. If this soft and hard fork idea really goes through, it seems that now you are in fact getting the worst of both worlds: For your contract, you have to write code that apparently is very hard to get right and bug-free[1], while at the same time you are at the whim of a "community" -- whose decisions (sorry, "suggestions") can apparently be announced by one guy in a blog post -- not to deem what you are doing an "attack".
PS: Also a second thought: Given that the "attacker" used apparently existing functionality of the DAO and that the DAO site clearly states "[n]othing in this explanation of terms or in any other document or communication may modify or add any additional obligations or guarantees beyond those set forth in The DAO’s code", I am wondering: If this (as measured by the DAO code: rightfully obtained) ether is now taken from him/her, might this not be an opportunity to sue the developers implementing this fork in a real-world court?
PS: Also a second thought: Given that the "attacker" used apparently existing functionality of the DAO and that the DAO site clearly states "[n]othing in this explanation of terms or in any other document or communication may modify or add any additional obligations or guarantees beyond those set forth in The DAO’s code", I am wondering: If this (as measured by the DAO code: rightfully obtained) ether is now taken from him/her, might this not be an opportunity to sue the developers implementing this fork in a real-world court?
[1]: http://hackingdistributed.com/2016/06/16/scanning-live-ether...