This is a little beyond the pale and I fail to see why DHH should contact them discreetly. No, I don't like DHH's attitude sometimes but lifting code straight from someone's site is just so brain-dead it defies belief. The vast majority of developers would certainly have a look at other peoples' layouts but lifting code straight is just unreal.
This will be controversial, but if it were real programming code i would be angry. Since it's just html/css, static stuff, one may say it's not a big deal. In fact that was curebit's first response: they asked if they should keep the code and just add credit. I know it's wrong, but in the broad internet ethics it seems to be considered a certain form of fair use.
"if it were real programming code i would be angry " -> the work of "programmers" is worth plenty, but the work of designers is worth zilch. To be fair, this is also the attitude taken by Curebit.
