Roman Storm didn't "just post code." He created, and profited from, a service used by criminals (including the North Korean government!) to launder stolen money.

Of course Storm argues that Tornado Cash is decentralized, but you can't just start a mafia branch, hand out free shares at the mall, and then claim that you actually didn't commit any crimes because you have 10,000 other voting shareholders.

Publishing a contract is basically just posting code. You are saying the primary distinction is the governance token and thus financial benefits accruing to the dev?