Your absolutely right. The FIA decision that there was no clear evidence that McLaren had used the info to their advantage is both stupid and bizarre. F1 is as much about technological competition as it is about racing and a chief employee possessing such sensitive data is CLEARLY at an unfair advantage.
Furthermore, if he is part of the development team for McLaren how on earth can he not have used the info? Does the FIA think that Ferrari's document contained useless and meaningless information when they are a front running team? Its just really interesting to note how last year McLaren were both slow and unreliable and all of a sudden in 2007 they've managed to turn the corner with lightening speed.