Well, IANAL, but as I understand it, possession of the source code or binary code that
implements a patented algorithm is not illegal. How could it be, since the program is merely
an accurate description-which is exactly what a patent application is supposed to be-of the
process in question?
The alternative is plainly ridiculous, because if an accurate description is a patent
violation, then as soon as computer language processing becomes capable of processing patent
application language, every document in the patent office becomes either a violation or an
invalid patent if it does not accurately describe the process.
It only becomes a patent violation when executed on computer hardware, as the
algorithm+computer execution is what is actually patented.
A site distributing the binary code might be accused of somehow contributing to patent
violations I suppose.