I agree that this case is different. But only in the sense that a complaint was not made to the FIA (or at least thats what has been said). However, the fact that this is current data is not the issue.The ex ferrari enginners brought some old windtunnel software with them, not the full designs for the Ferrari. This case was dealt with adequately by the italian authorities. The current case involves CURRENT Ferrari staff providing current data to McLaren, which is not the same thing
You can still gain an advantage from old data/information if you did not already have or know said info. If anything, its is worse if the software in question is Ferrari' propriety software, you can hardly get more 'IP' than that.
This could have been dealt with by the civil courts (in the UK, Italy or both) without the damage to F1. Had this happened Mclaren may well have still been found guilty and fined.
Follow the money and you will have an idea why this approach was not taken.
An aside: I can forsee this argument being put forward by the FIA to detract from their incompetence in dealing the current case, to explain inconsistencies in their ruling/handling of future cases/complaints of this nature.