Also, the fact that (s)he managed to buy doesn't mean anything. Xbox Live Marketplace page for Rock Band 2. You can download any song/trackpack from there without owning the game (useless, but the same as you remark).
LEGO Rock Band section includes the DLC accepted. Since that's there, any person who buys off the RB2 section can only blame themselves.
Witticus: "GeeNef speaks to me like schizophrenia, his words touch me where my priest could reach."