That’s a pretty egregious mistake on Audubon’s part if so. Not to doubt you @kgivens but is there any possibility that you have changed your default licensing recently, and checked the box to retroactively apply it to previous observations? As far as I’m aware there’s no way to tell what previous licenses have been applied to observations, and if the observations previously had (for example) been under CC-BY and were downloaded by Audubon, and then got updated to CC-BY-NC, then they would not legally be in the wrong (afaik, not a lawyer).
Edit: see more discussion on licensing changes here; actually the discussion I was thinking of was actually here