Supposedly DAO has the ability to cancel the transaction anyway. Failing to cancel will be additional de facto evidence of the validity of the contract.
Honestly, I'm almost in favour of letting the attacker keep the money to hold some of these foxhole converts to their own ideology. But I am quite sure that at least here, a contract which purports to be about proportionate sharing of a mutual pool of money but happens to contain a loophole that allows one person to run away with the pool would be void, and exploiting the flaw regarded in the same way as exploiting any other code flaw to obtain unauthorized access to a computer system - hacking.
Of course, my country's legal system has a often proven itself incapable of understanding how computers work, so who knows what they'd conclude, but I can't imagine that it is as clear cut as some suggest.