It's very disingenuous. If they said they produce a product and deserved to be compensated for it, then at least they'd be honest.
Don't take this personal - you are invalidating their claim based on legalistic style? Stealing = bad. Who cares about the artsy-fartsy justification provided to prosecute it?
I used to really enjoy listening to Metallica.
Then they stopped making good music and started alienating fans who downloaded their music.
IMHO if it's free over the air (radio) then it's no different over the wire (internet).
Alienating people who were stealing from them, you mean.
FYI: Recording and distributing stuff 'free over the air' is illegal too. You probably hear/see this every week: http://www.ehow.com/facts_5263599_nfl-rebroadcast-rules.html
I think a good chunk of why people hate Metallica has everything to do with the fact they are rich, and their fans being not-rich. When the rich guys try to stop what appears to be petty theft to the not-rich, they shun them.
It is jealousy and envy, and nothing more.