It's so funny to me that people seriously claim that open-source projects do not benefit from this. As hard as open-source projects try to warn their developers against looking at leaked sources, are we really supposed to believe that no one looks?
If intel sues kernel.org for using the leaked source for development, kernel.org can just go "we told everyone not to look at it, so either it's coincidental, or a specific person looked and we'll revert sorry"
I was under the impression that this mentality is somewhat theatrical to discourage the accidental subconcious inclusion of mechanics into open source projects as it increases their legal risk exposure.