I think some of the interesting aspects of this article can be exposed in a small hypothetical parable.
--------
Let us suppose that I go to an estate sale. I buy a box. Inside this box are 80 year old photo negatives from a well-known photographer. I scan these negatives, enlarge them, digitally correct some of the problems due to age, and then produce a photo book from a selection of these photos. The photos are old enough to be in public domain, so I sell my photo book and don't have to worry about sharing profits with descendents of the photographer. I make millions in profit.
In addition, other big fans of the photographer ask if they can have access to my scans of the photos. As they're in the public domain, is there a requirement to give others free access too?