Yes but I think those people would typically be at the bottom of the chain, so ultimately it might be served up for free, but everyone has already made their money at that point. Some people might try to wait until it's free, whereas some people would probably be willing to pay a little to get a faster and more immediate download.
Actually wouldn't it make sense to just go to the 2nd to last layer before the price is free? Sort of like what Louis CK did with his stand up special. Just $5 to whoever wants it now. Freeloaders can get it off torrent sites later.