It's not necessarily victimless. What if the creator of the items took them down because he hopes to sell them one day? Perhaps he's sick and can't work. His financial situation has changed.

As has been pointed out earlier in the thread, Batlab used to give out "limited" freebies, some of which ended up in his store when he became a merchant.

So which is better overall, from the viewpoint of moral philosophy?

To honor the wishes of the person generous enough to offer the freebies. If you don't like the terms, don't download them. Abusing the terms of use is not only rude, it discourages people from offering freebies.