you know, you might just have a point there!
I think that either versions can be driven by grog of some sort, so we will allow you the stretch of the Christmas Pirate legend. Wasn't Robin Hood supposedly stealing from the rich to give to the poor? Can Santa not also resort to such means with the huge increase in children to manage? That contorted line out of Pirates of the Caribbean about piracy being forgiven if an act of piracy causes good ... or some such thing.
Maybe the red and white was only to disguise his nefarious purpose as he is there sitting among all the treasures for a month before the big day, in stores and shopping malls around the world. Clause, and his minions could very well be pinching products instead of producing with indentured elves ... which is a bit racist if one considers it.
Nothing like a bit of cynicism and the holidays to create counterlegends.