So - the slight difference there, and I'm curious whether people see this as a difference without a distinction, but Phil Ivey requested the casino to set up a scenario that would allow him to "hack" and then lied about the reasoning for doing so.
He claimed that he was "superstitious" and that's why he wanted the exact cards and shuffling machine that would allow him to win.
It's not as though he happened on this by accident and simply allowed the casino to continue making a mistake, he arranged the scenario and misrepresented his intentions in doing so.
Personally, I think if you have to lie in order to take advantage of a vendor error, your moral highground starts to crumble beneath your feet.