Sorry McGrath, but I do not see how this is "flawed" in anyway. This was a concert that was put on by donations and selling the rights for the broadcast.

I don't know if they put on concerts in your neck of the woods, but "free" concerts are put on in major cities here in the U.S. all the time. Central Park is an example of such a site. Artists like Simon & Garfunkel, Bon Jovi and numerous other artists have performed there for free, but that does not automatically grant a right for everyone to broadcast it.   You might see that as a "flaw", but I do not see how.   The money that HBO paid helped pay for many of the events that surrounded the inauguration.

I think you are using the words "the system" as a catch-all for EVERY system, policy and law. It doesn't work that way.