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I believe that the work you are referring to is Chizuk Emunah, "Faith Strengthened" by Isaac Troki, it is my recollection that this was relatively well received in traditional circles as well.
I'm going with the notion that it's unethical and thievery. And even if the person who stole it is a theif, it will still at least be muttar for the rest of us to learn, and even a zchus for the theif. See the Shach in Sh'a Choshen Mishpat siman 292 siff kattan 35. He quotes a Tosefta in the 7th perek of Bava Kama if someone steals his friends torah (lets ...
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