I think the main problem here is that you approach the law as literal as possible without looking at the circumstances surrounding the issue.
I think that intent of a law matters, and I think that circumstances matter (a great deal in fact, in this case).
You refer to a text on 'pirated software', that is simply not the same as leaked source code, at least, not in my interpretation of the meaning of those terms.
The intent of this particular law is not to cover leaked software source code distributed by rogue employees but its intent is to cover the wholesale piracy of software for commercial gain, as well as piracy of commercial software by individuals to avoid paying for it. And the only parties that I'm aware of that have ever been prosecuted under that particular law with success are the whole sale distributors.
If someone were to download this software there is no judge in the Netherlands that would either fine them or jail them for that under that particular law. If there is proof to the contrary I'm not aware of it.
No, I approach the law as a given situation, as it currently stands in the land. A law degree tends to do that to you.
What I have said repeatedly, and what I have shown to be true by statute, is that source code is software for purposes of copyright and exemptions thereof. Your interpretation of those things is irrelevant. It's not because you think or feel that those are different, that they actually are. Additionally, the intent is not limited to what you claim, I have no idea why you would think so. It is a generic instrument to prevent unauthorized copying of works. Furthermore, the exceptions for personal use that do exist are explicitly declared not applicable to software and source code. So any 'non-commercial' angle one would take, simply does not hold when it comes to software.
No, I just have a Dutch law degree. I'm a programmer by day (I also have what is more or less the Belgian equivalent of a Business Information Systems degree). I did my law degree as a hobby. I haven't decided yet if I want to move into the legal profession.
I think that intent of a law matters, and I think that circumstances matter (a great deal in fact, in this case).
You refer to a text on 'pirated software', that is simply not the same as leaked source code, at least, not in my interpretation of the meaning of those terms.
The intent of this particular law is not to cover leaked software source code distributed by rogue employees but its intent is to cover the wholesale piracy of software for commercial gain, as well as piracy of commercial software by individuals to avoid paying for it. And the only parties that I'm aware of that have ever been prosecuted under that particular law with success are the whole sale distributors.
If someone were to download this software there is no judge in the Netherlands that would either fine them or jail them for that under that particular law. If there is proof to the contrary I'm not aware of it.