What's particularly sneaky about this approach is that the people affected (who download the media file) may not think that they are doing anything wrong (illegal). The software is not in the media file, it's downloaded when you ask for a license.
So, you come across a web site for a new band. They have audio files available for free download - helping to spread the word (I know several bands who do this). But, they use DRM to protect them - and tell you that the license is free. You download the media file and try to play it with MediaPlayer. You get a pop-up telling you that it's protected by DRM (or whatever it does, I've never used DRM) and asking permission to get the license. When it goes out, though, instead of taking care of the license it is downloading spyware, etc. It turns out it's not a real band, just evil spyware people (or an evil band, maybe).
The innocent user believes that everything is on the up-and-up. There is nothing illegal about getting a file from the original creator if that creator is offering it to you. There does not need to be any peer-to-peer or piracy going on at all. In fact, wouldn't people be suspicious of requesting a license through DRM for a pirated file - wouldn't that essentially be telling the "authorities" who they were? This approach will work best with people who believe they are behaving legally and responsibly.