[jbmorgado]

I think we are mixing two terms here: Intelectual Property and Trade Secrets.

The code doesn't seem protected by intellectual property but it's a trade secret. Just like Mona Lisa was intellectual property of Leonardo, but the way he created the different paint colours was his trade secret.

A trade secret don't necessarily have to be protected by law, the moment it gets out, then people are free to use it as they see fit. That's what I think about this source code: it got out somehow (even if the way it got out was illegal or not), but the moment it comes to public it becomes general knowledge.