Labels and artists restricting Apple to sell DRM-free tracks as MP3?

Chris Pirillo:

Apple’s DRM policies are not all that restrictive. If you want to buy an MP3 through iTunes, you most certainly can - so long as the artist or label allow you to do so. That’s not Apple’s fault, is it? #.

But the last time I checked Apple offers over 2 million DRM-free tracks with AAC encoding. AmazonMP3 too offers over 2 million DRM-free tracks but in MP3 format. Its Apple who chose AAC for DRM-free music not labels or artists. Now tell me whose fault is it Chris.