Originally Posted by BoldlyDubious
No, I don't like that as well. But I like a lot less DRM schemes that prevent me from owning my files.
That said, according to my proposal putting fake but correct "social DRM" metadata in a media file would require:
1) ensuring that the file is one I actually bought;
2) ensuring that the purchase date in the metadata is the right one;
3) knowing what media vendor I bought the file from;
4) knowing my unique ID in those vendor's systems.
I can't see how someone who is not the CIA or someone very close to me can do that. And if one of my family wants to put me into trouble, they could do better than uploading my files via torrent...
On the contrary, for what I know the type of "identity proof" that media publishers try to convince everyone to accept for illegal uploaders is something like: "the upload came from an IP address that the wireless router of the accused person had at the time we presume the upload occurred".
This is much worse.
imo if you didn't do it you shouldn't be responsible as long as you took "reasonable" precautions. Any law* that allows fines to be issued without reasonable evidence of guilt is going to be abused and a wide net of fines issued. An IP address is not and should never be proof imo, only a means towards obtaining the right to acquire more proof.
However, whilst I do not agree with BD about the overall idea, I do think that IF and it's a big IF, the book vendors do watermarking correctly, it would indeed to quite difficult to fake a book as been bought by someone else without either
a) having copied that specific book from the person, in which case there's no need to fake it
b) broken into the vendors DB and accessed all the information required to regenerate the watermark and hashes embedded in each purchase.
That is, if the vendors do a responsible job of watermarking and keeping their internal DB secure, which I have my doubts over.
It would be a terrible to see legal customers prosecuted because the vendor failed to adequately secure their systems.
Edit: * Just to clarify, I mean any law related to IP infringement. There may be very valid cases in other areas where laws are introduced and apply with minimal evidence and result in fines yet is an acceptable balance.