Soo what happens if you're incredibly lucky and stumble across the private key for an active wallet? If you transfer the funds out, isn't that just theft? Is "guessing" a private key any different from guessing someone's bank details?
It’s theft, but I suppose you could claim it was really your private key the whole time. Would the other person be able to prove it was theirs?
2. having a court force someone to give bitcoin to someone else because they "don't own it" is also against what bitcoin stands for: decentralized. the blockchain decides who owns the bitcoin. regardless of how it got there. if some entity decides who should own what amount of bitcoin then the blockchain becomes irrelevant.
3. the blockchain is not irrelevant and is not under anyone's control (is it?). how can a court enforce bitcoin ownership transfer? if I burn the private key out of spite then good luck. you're not made whole, I don't have access to said bitcoin. now what? should I go to jail? what does that solve? it only tells the next guy to not brag about finding private keys left and right.