The source code has already been leaked, and I would bet that malware authors have no problem with acquiring it illegally. While security researchers working within the law may not be able to look at it at all. The current situation does a lot more to help botnets than it does to help honest customers.
>Plus a lot of people under-estimate the cost and difficulty in releasing the source code of previously proprietary software. You don't just slap it onto Github and everyone goes home, you often need a team of lawyers to look at third party licensing and go through the code file by file looking for potential liabilities. [...] Code that has for tens of years been closed source may contain licensed source code (e.g. decoder libraries) that they don't own the license to publish for just one example.
I'm sorry, I just have no sympathy for the trillion dollar company that trapped themselves in restrictive license agreements and then wants to cheap out on lawyers. It is entirely a problem of their own making, and I would expect them to pay to fix it.