Do you consider it identity theft to use someone else's social security number?

I just read this article and it made me curious what other people thought: http://redtape.msnbc.com/2010/11/courts-using-anothers-ssn-not-a-crime.html

First paragraph:
“Is using a forged Social Security Number—but your own name—to obtain employment or buy a car an identity theft crime? Lately, U.S. courts are saying it’s not.”

What if you aren’t targeting anyone in particular, you just make up a number that happens to be assigned to somebody else? What if the SSN is the only piece of information that isn’t yours?