Well, that's just the issue. They can buy it and wait, but all that will happen is they'll be waiting while the rest of us play. The fair use point of view is that someone had paid for it, and they want to use their product as soon as possible, so they can either wait for a physical copy, or download someone's other copy until the downloader's own copy comes in. It's a gray area, for sure, and completely based on personal preference. However, I think the download in this case is completely justified.