Colluding with the miners is not a problem. Some people think it is fine for the "hacker" to take away the money from the DAO by exploiting a bug in the system. It is also fine for miners to get the money back by not exploiting a bug. That is all the 51% attack does. It is in the design of any block chain.
I think the hacker stole by deception and that is certainly theft.
My problem isn't collusion per se, but collusion at the behest of the Foundation. I don't think anybody believes their motives are as pure as the driven snow.