Ethics - Use of Previously Published Exams

If some candidate happened to fail last year’s exam - for shame - then they would have had access to the 2011 CFA Level III morning session. Given that this is no longer published on the CFA website, would using it constitute a violation of the Code of Ethics if they used this material to study?

Would downloading previously published, but not currently published, prior CFA Level III morning sessions constitute an ethical violation?

If an active manager outperforms their benchmark in a forest, does anybody see it?

Is it true that the CFA Institute has hired a secret army of super solders to hunt down and optimize any candidates suspected of using old exams?