If a smart contract is also a binding, legal contract, then normal contract law applies - and intent matters here in the real world. Therefore, it's theft.
Most likely true. But if intent matters and the smart contract isn't actually the final arbitar, then smart contracts are fatally flawed.
Unless courts recognize the ability to sign away your rights through some kind of disclaimer that makes the smart contract the equivalent of binding arbitration.
In legal terms you'd need to make the argument that the programmer abided by the letter of the contract rather than the spirit of the contract. That might well be a reasonable defence in the case of smart contracts, but it'd need to be tested in a court.
I am most certainly not a lawyer.