Are you really that thick? Of course it is stealing. Taking something and making it your own even though it is the property of someone else who did not give you permission to take it is theft. Which part is hard to understand here? It's almost the dictionary definition. Look it up and smarten up.
his 'crime' isn't in stealing or copying the code. his crime is when he was 'employed' he signed an agreement with the employer not to reveal or share the code outside of the firm or after he leaves or quits his job.
his 'crime' is he didn't broke the agreement or contract.
the actual copying of the code isn't a 'crime' as he didn't steal anything. most hackers are guilty of accessing computers without 'authorization' or 'trespassing' not the actual stealing of the code.