A fork doesn't deprive the hacker of anything. In a fork scenario, the hacker keeps 100% of the Ether he obtained, without interference. Every smart contract has been honored in full. It's just that everyone else has decided to start using a new cryptocurrency.
So much for confidence in future smart contracts in ethereum.
You have invested in an experimental 'organization' that is defined by the contract that is its code. The code supersedes any other interpretation of the contract. You have agreed to this. Now something didn't go the way you wanted it to, yet fully in line with the code, and you want to fork the entire currency to steal this 'attacker's' property.
Good luck with your fork, it will mark the official end of ethereum.
