Original music is created by the game creators and streaming rights are included in the software EULA.
Licensed music is created by third party artists and is usually not included in the software EULA because the music artist/publisher does not grant that type of license to the game creator/publisher. A gamer streaming gameplay that includes the copyrighted song will trigger automatic copyright protection on the streaming service they use and is subject to DMCA takedowns.
Modern games often include a "streamer mode" which replaces or mutes the licensed music.
In the US copyright infringement is unlawful but it's almost always civil law.
Can you point to the section of DMCA that you think turns this into a criminal offence rather than just civil infringement?
It's not a crime. What criminal law is being broken?