I had to sign 60-page contracts with my Forex brokers. Everything is mentioned in there, including the fact that the take ownership of the money that I send, that I can get it back under certain circumstances, that they will buy currencies on my behalf, what happens in case something goes wrong, ....
While Mt. Gox couldn't probably just take the money, there is nothing preventing him doing a rollback for example, or canceling whatever order he wants, including ones before the hack. For example, if in your account lifetime you only sent 1000 USD to your account, then by trading bitcoins you grow your account to 10000 USD, he could just say that he owns you only the original 1000 USD you sent to him, that everything else was a game. You couldn't do nothing in that case.