Oh yes they were
"Google wasn't trying to steal data they were just using AP names to create non-GPS maps."
No, that's not right - Google were capturing and storing payload data in addition to the SSIDs. That's what the fuss is about, not the geolocation of SSIDs. The particular difficulty for Google is that they didn't bother to store encrypted payload data, only the unencrypted data, which implies some intention to use the contents of the payload data.
"Would you leave your door open then cry when you got burgled ?"
No, I would just laugh it off, happy in the knowledge that some junkie can get a few quid towards his next fix for the sale of my family heirlooms.
Are you implying that failure to secure property justifies it's theft? If you drop your credit card in the street, would you be happy for the finder to use your card and not expect them to be prosecuted if caught?
Also, if the Google Street View operators were not certified security professionals (e.g. CISSP), then they were in breach of criminal law when they drove around Germany - for the possession of the software in question. This is a big corporation - they have enough lawyers - they should have known what they were doing was illegal.