I'm on the fence about that one. I used to sell licensed software and of course I lost plenty of money due to piracy (if a prospect cancels a sale but turns out to be running the product after all I think that qualifies ;)). Piracy is illegal (of software), but this case deals with source code. Now it is of course possible to see the name of the file and wonder 'hey, isn't that copyrighted software' but you could make that call for every package and you'd get a bunch of people arguing that the only way open source can function is by allowing people to download stuff, then verify the license is 'legit', compiling it and running it.
So there are good reasons for not criminalizing the downloading of code, and the responsibility of anybody that does download code is that they will deal with it in the proper way once they find out the terms. If the code says '(C) 2000-2007 Kaspersky Inc, NOT for distribution or resale' at the top (I made that up), you will probably have a good idea that it's not wise for you to proceed, if on the other hand it has an open source license as a rider and you can not find anything wrong with it after careful inspection you should be free to proceed.
To make an insightful decision you'd have to download it first.
So there are good reasons for not criminalizing the downloading of code, and the responsibility of anybody that does download code is that they will deal with it in the proper way once they find out the terms. If the code says '(C) 2000-2007 Kaspersky Inc, NOT for distribution or resale' at the top (I made that up), you will probably have a good idea that it's not wise for you to proceed, if on the other hand it has an open source license as a rider and you can not find anything wrong with it after careful inspection you should be free to proceed.
To make an insightful decision you'd have to download it first.