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There's this application whose official website requires that people provide their email and agree to a EULA before they send you a download link. The EULA forbids redistribution and publication of derivative work.

Still, you find many derivative versions of that application in GitHub projects, some of which have made essentially no changes, i.e. you can just download their ZIP and it's effectively like downloading the original app (and one can make it exactly like the original app by essentially removing a few new files). Some of these derivative versions have project license files, e.g. Apache License v2.

I have no idea how they got the code; but how legal is it to distribute something which derives from that code based on the claim that the code was obtained from publicly-accessible websites which published it under a relatively permissive license?

Edit: I actually misread the license, so now this example is actually theoretical.

einpoklum
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I have no idea how they got the code; but how legal is it to distribute something which derives from that code basde on the claim that the code was obtained from publicly-accessible websites which published it under a relatively permissive license?

Not legal at all. If the publicly-accessible website didn't have the right to distribute it under a FOSS license in the first place, then you can't invoke your rights under the FOSS license notwithstanding the fact that it was distributed to you under the terms of a FOSS license. If you weren't aware of infringing, then it's likely (but not guaranteed) that the copyright holder will be happy enough if you cease and desist without necessarily demanding damages. If you are successfully sued for damages, you can in turn file suit against the distributor for misleading you as to the applicability of the FOSS license to try and get your money back as it were. This is not guaranteed to work, and even if you win such a lawsuit, it may be hard to collect a judgment against a FOSS project.

DepressedDaniel
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