Creative theft? Dramatic theft? Indication of lazy writing? Yeah, I'd say so.
theft. "Theft," "ripoff," or whatever the word-of-the-day is implies a conscious intent to do harm.
This is why people gang up on the "haters." No one gives two shits that people don't like the film. But when they use such obvious loaded language to skew the discussion in their favor, it becomes very hard to take them seriously.
No one is forcing anyone to like the film, but don't piss on the fans' cornflakes either.