I am having a hard time deciding where I stand on this. On the one hand, if you enter a computer program into a market with the specific intent to get the best price possible, then if someone is able to exploit a pattern in your software you need to take responsibility for that bot. ALL programs are by definition succeptable to this kind of attack. Analogously, that is why random number generator inside a computer are not secure - the "random numbers" are generated by algorithms!
On the other hand, the securities rules are very specific on this issue. As far as I know, you must have an economic reason for entering an order into a matching engine, and the lowest common denominator here is arbitrage, which __is__ economic. Entering orders simply to cause prices to fluctuate on programming "errors" is not economic, and is therefore manipulation. It is the electronic version of "starting a rumor."
I am 95% certain I would have exploited the same inneficiency, but in retrospect would have felt wrong doing it. It is not in the spirit of what markets are about.
FWIW, I have heard of other suits with Timber Hill, and they seem to hate when anyone arbs them, legally or otherwise.