It's nice to see at least one other person hold this viewpoint.
You should check out what I wrote about it while it was happening.
@edicted/playing-devil-s-advocate-why-steem-hf23-is-not-theft
Hive went to such great lengths to prove that a hard fork is not theft... and this lawsuit is trying to claim the exact opposite. Of course the situation is a bit more nuanced than that and I argued the other side as well.
RE: Steem Theft Lawsuit: Bittrex is not Happy!