Of course, there are a few issues with this. First of all, while things created by government employees is automatically public domain, works created by contractors is not. So while conceptually we can argue that the code should be open sourced, it's not required by law. Second, and more importantly, it's a lot harder to take proprietary code and then release it as open source, than it is to build code from the ground up to be open source (and it's even more difficult to make sure that code is actually useful for anything). Indeed, if the code had been open sourced from the beginning, perhaps they wouldn't make embarrassing mistakes like violating other open source licenses.