So, nothing was stolen and if the story is true, the only infraction here would be that the Lerna copyright line was not included in the Rush license.
What part of my comment are you disagreeing with??
Copyright infringement is not theft.
“Courts have distinguished between copyright infringement and theft. For instance, the United States Supreme Court held in Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property. ” - https://en.wikipedia.org/wiki/Copyright_infringement#"Theft"