Hold up, there's no evidence that they're using orbiter, but they are defiantly using a screencap of OrbitMFD as a texture, and parts of the XR series panels. Who wants the job of informing DBeachy1 and Martins?
They are likely already informed.
And the copyright laws are pretty clear in this case: If you pretend to have done the work of somebody else, you are wrong. Screen captures are actually copyrighted as well in that case, if you pretend that what the screen capture shows is your own work. You may use them as long as you say correctly what they are (and even this can be prevented, if fair use does no longer apply)
In this case: No fair use. No credits that they had been taken from Orbiter and the XR add-on.
It is now nothing that should make a lawyer rich, but you could already send an annoying C&D to NASA, if NASA awarded the contract for this animation (Since, while the work and the illegal use was likely done without NASA knowing, NASA is the responsible person for the outside). But usually something like that should be settled outside court by giving out some credits and links to Orbiter and the XR2.
But what this does not mean:
- That NASA must have done these videos. That is not verified yet.
- That NASA uses Orbiter. The video was done by a specialist company, not by NASA or any other aerospace entity. Somebody must have known Orbiter there.