[FREE] Origin On The House game: Theme Hospital

It would probably be both, as both parts did something illegal. That is, unless the group comes from a country that does allow you to modify code like this, but still does not allow it to be distributed this way (if my memory serves, it was for a long time allowed over here in Sweden, as long as you did not distribute it yourself, though I'm no legal expert, so I don't know to what an extent you were allowed to modify things to bypass copy protections for personal use only, but you were allowed to make copies of say music CDs and VHS tapes, and bypass any protection they had). And if they do come from a country that allows you to modify code like this, then clearly Rockstar would have done something illegal, but then they would also have to prove that MYTH themselves were distributing it, and that it was not someone who nabbed a CD that they had with the code on, or something like that.

Ubisoft still does not own the code that someone else made, even if it was made illegally, and this is one of the cases where the law is quite clear in regards to what you can and can not do. Basically, the author of the code has the same rights to it as the author of any other bit of code, or heck, if you take a photo of something and upload it to the internet you have the same rights to it as the author of the code. It would be just as illegal for Ubisoft to use the code as it would be for them to use your photo in one of their games. If you make it, it's yours.