That is a bad comparison.
Nobody knew that MtGox was being hacked.
At the time of the purchase (if he wasn't the attacker) he might have just bought speculating.
When the price went up to $30 you didn't suspect anything, did you?
Whata bout the free fall down to $10? You didn't suspect anything right?
This market have crazy volatility and crazy risk and we are all playing it accepting the risks.
He probably was one person extra speculating and he was right.
Later on it was discovered that it was a hacked account. Was it?
MtGox keeps denying that their systems were hacked, yet their userbase has leaked.
They say that it was the fault of a single compromised account, yet the owner of that compromised account never participated in the forum, never complained, nada. Isn't that a little fishy?
IMO Kevin should keep his money, it is his right to keep it. But it would be a nice gesture if he returned it.
If he returns, the owner or mtgox or both should compensate him for this act of good faith.
In turn, MtGox should compensate us for violating our trust, our privacy and for being negligent in the site's security (but they want to keep avoiding this by staying in permanent denial: they insist that their site wasn't hacked, and therefore they aren't liable)
In any case, Mt. Gox will do whatever they want.
And that causes distrust, a lot of it.