@ Brent Gardner

"because someone hacked in and obtained it illegally, but how in the hell can you censor something that you openly served up to the world? At that point in which it is served up to any web browser that happens to visit the URL, I would take that as legally putting it in the public domain."

Just because something is posted on a public website doesn't make it public domain or free from copyright/IPR.

The Register publishes news stories on their website for the whole world to read but that doesn't mean you can take them and stick them on your website or otherwise reproduce them as you wish.

The people who got the code served up to them did nothing wrong, those that took it and treated it like their own are in breach of copyright and probably other things as well.