It seems to concede if in fact you would never have bought it (for whatever reasons), it would be permissible. But he feels that if it is still being sold, it is unfair to think you would not have otherwise purchased it.
In other words, in theory, yes, but in practice, no. As one rov reportedly told someone who asked if he could copy a CD since he wouldn’t buy it anyway, “of course you wouldn’t buy it since you could copy it!”.