“Makes me want to cringe” isn’t really a refutation. What is your problem with it? In what sense is it prejudicial?

And yes, the terms haven’t been predetermined — that’s the nature of an evolving social contract, and it’s a necessary consequence of a system where any change depends on the approval of a majority of the participants. For that matter, no justice system is “entirely predetermined” — that’s why we have courts and lawmakers.

It may be comforting to assume that ETC has an entirely-predetermined policy in this regard, but that’s effectively impossible too. There’s disagreement in that community about what the criteria for forks should be, so nobody could say right now with 100% certainty what forks could succeed.