Yes, because the file has to be downloaded on my computer. Once it's on my computer, it's no longer Google's business what I do with it. What's your issue with this argument, exactly?
> Cafes are also publicly accessible, that doesn't mean the coffee is free.
Not a good analogy, downloading content from a publicly accessible server is free, while getting coffee is not free.
A better one would be that a cafe is giving away free coffee with the condition that you also take their advertisement pamphlet. Once the coffee and pamphlet is in my possesion, it is no longer cafe's business what I do with it - I have complete freedom to throw the pamphlet away and enjoy the coffee.