Quote: " At this point 744,408 BTC are missing due to malleability-related theft which went unnoticed for several years."
I fail to see how such a loss which was, as far as I can see, directly related to the malleability issue that MtGox didn't take into account when writing their wallet system, can be considered "theft". If you're sending out more coin than you should be, all on your own, how can the recipient be considered a thief? You gave them to him.
I agree in the rest of that quote except for that 1 word. Perhaps gifting a thesaurus to the originator of that quote would be in order?
=squeak=
Is it illegal to drive past the speed limit, even when the police are not watching?
What has been done is abusing a system for economical gain, very illegal in most countries.