Citation from the last conference material (
http://shadowlife.cc/files/btcotc.pdf (slide #18)):
We should not try to get legality for Bitcoin, we should not ask the state to resolve conflicts in the community.
What should we do then?
I can see why people hoarding lots of bitcoins do not want to check the exact status of what they own. If, for example, bitcoins are deemed worthless by a US judge, those persons have a lot to lose if they are not able to sell their "fortune" before the panic starts. This is precisely why even people who lost a lot of money with pirateat40 still haven't sued him.
However, small bitcoin owners and newcomers have a real interest in having the status of bitcoins tested and clarified before they buy more bitcoins. But since those people also have lost nothing or not much in the various scams, because they had less to invest to begin with, they are unlikely to press charges.
Having the status of bitcoins clarified in a major country could seal the destiny, good or bad, of bitcoin as a currency. However, it looks like people with large bitcoin wallets are not confident enough that the outcome would be pleasant