Yet, some artists and developers are happy to release downloads straight after the release. Some are happy for you to pay what you want, rather than some standard retail price.
Yup, it is great Phish lets you record their livesets, it is their choice. It is also the choice of Anthony Hamilton to ask you not to copy his new CD without paying for it. Artist choice, not consumer.
To your Anthony Hamilton anecdote, I throw in an anecdote about artists just asking to leave your recorder on the stage for better effect (Phish if I remember correctly), or you know... just selling the bootleg after some time http://en.wikipedia.org/wiki/The_Lillywhite_Sessions, http://en.wikipedia.org/wiki/Bootleg_recording