Well, for one it is a trademark, not a patent. And by using SE's logo, you are infringing upon that trademark, as using that logo implies that it was made by SE, which it was not. Drawing Serge alone would not necessarily be a copyright infringement, depending on its intended purpose. The so called "piracy group" that made the crack apparently did so to bypass some security protection of the game. From what I gather this breaks their terms and conditions regarding piracy and all that good stuff. So, if Ubisoft wants to take it for their own, they can do so as I doubt the group would say "Hey that's our code!, Thief!" and I also doubt a case of "stolen" programming code would hold up in court, or even if it did Ubisoft could counter sue the group in question for doing something illegal. And I fail to see how your analogous situation applies. So as I was saying, in the business world you take what you can, when you can if it is advantageous for you and especially if it unlikely you will get in trouble for it.