It's also disingenuous to call it open source as that might tempt others to use it believing that it actually is open source.
Let's call it what it is - stolen IP and released without permission of the author. Sure, it's good that it opens the debate as to whether that's ethical given that's essentially what the model itself is doing, but it's very clear in this instance that he's just asked for and been given a copy of source that has a clear ownership. That's about as clear cut as obtaining e.g. commercial server-side code and distributing it in contravention of the licence.
It's also disingenuous to call it open source as that might tempt others to use it believing that it actually is open source.
Let's call it what it is - stolen IP and released without permission of the author. Sure, it's good that it opens the debate as to whether that's ethical given that's essentially what the model itself is doing, but it's very clear in this instance that he's just asked for and been given a copy of source that has a clear ownership. That's about as clear cut as obtaining e.g. commercial server-side code and distributing it in contravention of the licence.