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Isn't the fact that it's "good, free, and open" the exact reasons the publishers wouldn't use it?

Depends on the band. For instance, I haven't bought a CD version of a studio release from Gov't Mule in quite some time. They offer MP3 and FLAC for purchase right on their own website.

Phish even sells what they call "FLAC-HD" versions. These are 24 bit/96 KHz versions of their live shows.

Not to mention, these, and hundreds of other, bands allow people to tape and distribute copies of their live shows. Those recordings are FLAC as well, often higher than CD quality.

It's still the only way to get uncompressed music. Some discs even have full surround sound encoding. The compressed AACs sold on itunes sound like crap on a full-sized 5-speaker stereo.

hdtracks.com
musictoday.com

There are others if you look.

Also, try doing a proper double-blind comparison, not just side by side. Can you really do better (statistically) than random guessing? You might surprise yourself. I know I did, and I can hear things that most people I know can't.

I'm sorry that intelligence is a threat to you. Every day must be a living hell for you.

Try hanging out here instead of /.

Here you can donate some money. But I should warn you, the process is not pleasant!

Phil and Jerry tend to think alike, I am not so sure about the rest of the band.

It's a shame it only took 10 years for the rest of the band to start squabbling about downloading their music. They are all very wealthy and probably get many things for free from their beloved fans, so why not return the favour?

On a side note, I have many Dead bootlegs, but I have actually purchased Dick's Picks in order to help support the band, and to get an undoubtedly clean copy direct from the master tapes.
If anyone is curious: http://stores.musictoday.com/store/dept.asp?band_i d=171&dept_id=1541&sfid=7

Is there any mention of DVD-Audio and 5.1 Surround?

Well, i'm not sure about other artists, but with buying Metallicas last album,
St. Anger, you received a DVD which had the band practicing the entire album (pretty funny and intense at times) and a key to their "Vault" which had mp3s ripped from concert recordings (only 3 concerts so far but considering that's 2 hours a set, with each set having different sings usually ... it's pretty cool) and some other cool stuff.

The Dave Matthews Band did this with the CD Busted Stuff a couple months ago. They even included a DVD with more material. All this for only $9.99 on the release date and $11.99 the rest of the week (Best Buy, Chicago).

Charlottesville boy makes good.

Hey, everybody, since Jamie won't say all of this, I will. Our Fair Reviewer is the lead singer for the Hogwaller Ramblers, a Charlottesville, Virginia band that kicks all the ass. They play Americana type bluegrass-meets-rock-meets I dunno what. Very intelligent, fun music. I've been a fan of Jamie's for many years.

They've been featured on Whaddya Know. Hear some of their music. You can buy their eponymous album on their website.

Oh, yeah, and they're Dave Matthews favourite band. Or maybe it's the album he's waited the longest for? I don't remember. But, anyhow, there's a plug that should get you guys over to the site. :)