If you leave a bag with cash out in the wild it's your faut that is got stolen. No one is responsble to refound you. You can't proclaim a dollar bill yours. Same applies for bitcoin.
So you are claiming that people who dictionary attack brainwallets are not morally or legally responsible (i.e. they aren't stealing)?
Of course he's a thief. But nobody is responsible to refund the victim.
(Except the thief, but it'd be almost impossible to track him).