Under that logic, we should swiftly and promptly release from jail all thieves who have Jobsian style creative minds.
Theft is a crime no matter how some try to spin it. Therefore if one tries to make excuses for Jobs and Woz, one has an equal moral obligation to make a similar defense for this Russian hacker, simply because an arrestible offense is an arrestible offense.
The point is that we Apple lovers would do well to stop selectively casting that first stone. If you want to stone a thief, then consistently stone them all. We must not allow bribe-taking (e.g., allow love of a computer) to stop justice, otherwise we ourselves would then be guilty of a crime.
But creating something which can be used for theft isn't the same as actually committing the act of theft, now is it? AFAIK, it's not illegal to create and sell blue boxes -- only the act of using them to obtain free phone calls is illegal. Obviously they serve no other purpose, though one could make the faint argument that they could be educational to someone who wants to learn about how the telephone system works.
Now, if Jobs and Woz were caught using their blue boxes (which, I'm sure they did, but I doubt that's provable), then they should have faced the same punishment as anyone else.