The market is honest, and obviously thriving. There are people and places that sell the windows themes, perhaps you might have missed them. It is not at all a hypothetical question, but there are other markets in which some people give away what others charge for.
Same for ringtones, some people make and give away ringtones, some people make a buck off of them.
Someone might WANT a toasted cheese sandwich, and therefor would be forced to pay for what he wanted, IF his toasted cheese sandwich is what the buyer chose to have.