Personally, I hope a leak occurs, Square Enix sues the hackers and they have the balls to face them in court and fight it. Of course, that will never happen because the emulation community has time-and-time again proven they have very little in the way of balls when it comes to legal challenges. (Which is odd, because one of the biggest complaints about the ROM hacking scene is an overabundance of testicles.)
It's not a question of guts-- it wouldn't make much sense to fight it in court, because they would have zero chance of winning, at least in terms of a determination of whether or not it constitutes copyright infringement. (IANAL, so I don't know enough to speculate on what damages would actually be awarded.) Aside from any judgements, there would be lawyer fees. I can't fault people for not wanting their worlds turned upside-down for the sake of a hobby project. I mean, I get that you probably feel that a principle is at stake here, but who would we be to insist that they have some sort of responsibility to bear the burden of such a battle, that they have to be the ones to martyr themselves for the cause?
I don't
like the fact that modern copyright law is so restrictive that some kid theoretically can, under the law, be sued for a dumb little Harry Potter fanfic he put up on the web, but fighting such things through the courts is futile. According to the copyright laws that have become standard around the world, during the copyright period of a work, the cration of derivative works, except for certain special exceptions like parody, is not permissible without the copyright-holder's consent. If that's to change, it'll have to be through legislative action, but I don't expect any signifficant changes on that score in our lifetimes, unfortunately.
In some places, like Japan, enforcement tends to be lax for certain type of derivative works (perhaps most notably for doujinshi comics), but in the end it's still up to the copyright holder whether to pursue the matter or not.
I hope this post made sense; I typed this all while feeling kind of dizzy and light-headed. Oh noes, swine flu! =P
Seriously though, it's probably just a result of not getting enough sleep this week.