UGLY IRONY ALERT
I'm not even gonna try to wade into the legal issues here. Not interested. But I find it very . . . sad: Jerry was part of a group known for allowing taping & trading of all the music they ever played live. As an unapologetic Dead Head in my youth, I know this is not the sort of thing he'd have wanted. Jerry made a lot of money, and never apologized for it, this is true. But he knew that the best way to make money on one's music was to get it played & heard.
Plus, capitalist though he might have been, he cared about The Music. I'm quite certain he felt that recordings belonged in the stereo, not in a vault.