Farmers plant their crops out in the open too. Should Boston Dynamics be allowed to have their robots rob those fields empty and sell the produce without having to at least pay the farmer? They'd be walking and plucking just like any human would be.

Some source code might be published but not open source licensed. At least some such code has been taken with complete disregard of their licenses and/or other legal protections, and it's impossible to find and properly map out any similar violations for the purposes of a legal response.