Nobody is violating a license for distributing cdrtools either in source or in binary form.
If you believe the people who claim that there is a problem, then Ubuntu as a whole would be undistributable as Ubuntu is full of similar constructions.
I had a discussion with Till Jaeger (the most well known OSS lawyer) and he confirmed that under the most pessimistic assumptions (that come from people only who do not own Copyright on cdrtools and thus are irrelevant anyway) you may need to use dynamic linking.....to avoid any problems.
But let us look at the current situation: Ubuntu is distributing cdrkit that is definitely in conflict with the Copyright
http://www.gesetze-im-internet.de/urhg/__14.html because it intentionally introduced bugs to attack my reputation
http://www.gesetze-im-internet.de/urhg/__13.html because Copyright signs have been removed
It seems that it is Ubunu's intention to be in conflict with the law - is this the reason why Ubuntu does not like to distribute a legal solution based on the original sources?