Yes. Took. As in: without permission. Didn't ask before hand, didn't provide a way to opt-out (although that would also be problematic), didn't ask for volunteers. Took.
If I can go to jail over it then they should too. Let's not judge them by some imaginary ideal world while judging individuals by the present crushing reality.
Are you asking me to find evidence counter to my understanding of situation? Show that he was prosecuted for copying. From a quick skim I'm in doubt anything he was found guilty of is copying.
Don't fall for the great lie of intellectual "property".