The question should really be why the FTC tolerates this, letting them after all this time enjoy the blatantly monopolistic anti-consumer stance they've enjoyed since the 80's (at least). It isn't difficult to see how nasty of a business this is by how hated they are by artists and consumers alike, and if nothing else they should be broken up the same way Ma Bell as a telecom monopoly.

At least it might come with some renewed interest in competition getting in on game with a better playing field before the monopoly starts forming again in new ways.