Pardon - This is the performance by the orchestra (which was recorded)
When is this recorded?
This is the stones performing the same song (which was recorded)
I don't understand your point.
They weren't guilty of ripping off the song, they were guilty of ripping of the orchestral parts. And if we want to get really down to business, the Stones ripped off Staple Singers, a 50's band. Even the intro of Bittersweet Symphony is original, they just sampled a part of the orchestral sound which was 1 tone too long, iirc.