The “Just Code” Defense asserts that computer code functions as a set of instructions, not a legally accountable entity. This argument posits that developers of decentralized protocols or smart contracts should not bear legal responsibility for the code’s autonomous operations or unforeseen outcomes, comparing code to free speech or a mathematical formula. It suggests that once deployed, the code operates independently, similar to a machine, absolving creators of subsequent liabilities. This perspective often clashes with traditional regulatory frameworks that assign responsibility to human actors or corporate entities.
Context
The debate surrounding the “Just Code” Defense is central to ongoing regulatory discussions globally, particularly concerning decentralized autonomous organizations and decentralized finance platforms. Regulators grapple with how to apply existing laws, designed for centralized systems, to permissionless and immutable code. The future of this defense will significantly shape legal precedent for blockchain technology and its participants.
UAE Federal Decree No. 6 mandates licensing for DeFi and Web3 services, eliminating the "just code" defense and setting a September 16, 2025 compliance deadline.
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