I've retyped this a couple of times, as it's difficult for me to articulate this concept somewhat. The 62% that didn't pay for the cd were likely grouped into a couple distinct categories
A - "Those who were anticipating the new Radiohead release and were thrilled to receive it at no charge by refusing to donate"
B - "Those who were anticipating the new Radiohead and were planning to donate if the record was quality, but didn't like it, therefore, didn't donate."
C - "Those who never would have paid money for a new Radiohead release to begin with, but downloaded it, liked it, and didn't donate."
D - "Those who never would have paid money for a new Radiohead release to begin with, but downloaded it, and remembered why they didn't like Radiohead."
Obviously category A is the music consumer you go after with some vitriol. When you take a product without compensating the producer and derive enjoyment/utility, you're stealing in most cases.
You can go after category B, but after years of music industry tactics of releasing just completely shit trash albums with one or two good tracks, I think the music industry is reaping what they sowed. The thing with a cup of coffee is you kind of know what you're getting into when you drink one for the most part. I had no idea that "Soundtrack to Your Escape" by In Flames would be such a crappy album, and had I known ahead of time, I never would have bought it. In essence, I was a ripped off consumer. Though I suppose technically they are, I don't tend to think of Radiohead or the label as the "victim" in category B.
You can go after category C to an extent, since they're deriving enjoyment from the album without donating, but this customer never would have bought a CD to begin with, so the actual amount of money this customer costed Radiohead and the label was zippo. While you can wag your finger at this category on a moral level, from a business perspective, it has negligible impact on their bottom line.
You can go after category D, but only from the same moral perspective for the reasons given for Category C, and even less so in that the end user only downloaded it because it was free, didn't expect to receive, and didn't receive any enjoyment. Say you hand someone a CD at a show and tell them if they don't like it after listening to it, they don't have to give you any money later. If they don't enjoy it, are you morally obligated to money? Probably not.
If we're going to morally damn the consumer, we have to know how many of the 62% fell into these various categories. If they're all in A, then yeah, the consumer's an asshole.
Fact is, from a business perspective, I would think Radiohead would come ahead of this because without a slave master record label hoarding the vast majority of the profits, they kept more money for themselves. Some of a lot can be greater than less of more, plus they were probably able to wield more leverage in negotiating for physical distribution.