DRM: who are the thieves ?

It's been established now that the Sony-BMG XCP system to prevent users from ripping their own CDs contains LAME and FAAC code. These are open-source softwares and the license clearly establishes that all inclusion in a software must be advertised as such, and if the code is an intergal part (static in the main code) of it, the whole software must follow the same license.

So DRM was created to avoid music stealing. But instead they (Sony BMG) stole some developpers code, clearly violating their IP (I happen to have some code of mine in LAME). Fighting "stealing" with stealing will certainly not help their cause. Actually they just prove in some case it's better to do it for your own convenience...