I hope that his code was not stolen, if it was actually stolen and then released and we knew that for sure, then trade secret rights would probably still apply. However the code was posted anonymously we do NOT know for certain that it was MISAPPROPRIATED. As such it may have been reverse engineered in manner that does not violate trade secrets and hence it can be used. The burden is with RSA to prove that any one person KNEW it was misappropriated. That is why we are seeing all these messages flying around on the web, RSA attorneys are trying to shut the barn door after the horses have left...
The author claims that the code was disassembled. S/he credits "CodeView" which is Microsoft's debugging/disassembly tool. Of course, this could just be a cunning ruse...