Other than breaking the obligatory Non-Disclosure Agreement (NDA), the person who released it would be stealing from whatever company they got it from even if they were working on it. I think there are more threads on the subject try a quick search :nod:.
Unless you're commiting a legal felony (like selling modchips) you wont end in jail, but in any case the company from which you stole the game is gonna sue your ass for life.
I just always wondered. That's all guys. I really don't have anything to share. I just was always wondering.