[ogurechny]

Intellectual property is a convention. Saying that nothing exists outside of that convention is like saying that someone without official papers does not exist (which is, unfortunately, not an odd occasional curiosity, but a hidden assumption permeating everyone's lives).

This is an open source code. It is not compatible with widespread economical system, but it is not any less open.

[geon]

The source being available illegally has nothing to do with open source.

Open source is by definition legal to modify and spread. There is a number of open source compatible licenses.

Leaked source is just that. Leaked.