Apple really doesn't care if you "obtain" the 3G Firmware.
They know that there are some people who just won't pay for it. If they could identify those people and send them free upgrades, they would.
Why?
The fact of the matter is Apple KNOWS that this update will open up a whole new revenue stream for them, making them MORE money, but for reasons like Sox ( which is debateable as they could've provided the upgrade for $0.99 or $1.99 and it would appease Sox )
It could also be a test to see how many are willing/gullible/addicted to pay $10 for an update. These are valuable metrics, as it determines how high Apple can price things in the future.
If people are willing to pay top dollar for small updates because of "tech addiction" then there is no rush to add new features or charge less. Apple knew that people weren't willing to pay more than $0.99 for songs.
It's all about Resistance levels.