That's different. That "current" game would've already been sold at stores where companies CAN make a profit. That's piracy. This is an unreleased PROTOTYPE!
Let me give a perfect example since it seems I wasn't clear the FIRST time.
Remember Smoke and Mirrors? That wasn't released, yet anywhere you look on the internet you can find it, along with numerous documents. Did Penn and Teller sue? NO! They ENCOURAGE it! They refer to Desert Bus all the time and tell people interested that it can be found on the internet.
Same would apply in this situation. If a game was never released, there is NO MONEY TO BE MADE! CASE CLOSED!
http://www.youtube.com/watch?v=M5QGkOGZubQ