This reads really poorly. MD5 hashing to identify MP3 files? Checking hash incidence in order to determine if a file has been illegally copied? Seriously? The very concept is so weak and ludicrous that it makes the entire rest of the argument just seem silly.
He also completely ignores the fact that MD5 is not considered to be collision-resistant anymore. The idea of using MD5 hashing as forsenic evidence is so wrong, it's scary.
Let's not forget that nobody gets strung up on possession of illegal MP3s - it's the distribution of them that the RIAA gets you on. You have to be caught in an infringing activity (downloading from an unauthorized source, or providing downloads without a license) to be dinged on copyright infringement. To the best of my knowledge, nobody's ever been nailed on possession of illegal MP3s without a transfer component, because it's neigh impossible to prove that the files aren't legally licensed, and the burden of proof lies with the accuser.
Paranoia and hysteria. Apple has always shown themselves to care about the users first and foremost. There is no motivation for Apple to do this sort of thing. The article suggests that the RIAA could force them to, but I don't see how - if Apple doesn't collect the information in the first place, the RIAA can't possibly demand that they release it.
Does't iTunes Genius already gather information on what songs you own (and how often you listen to them)? I don't see how this is more of a threat - unless Genius is only gathering info on songs purchased through the iTunes store.
He also completely ignores the fact that MD5 is not considered to be collision-resistant anymore. The idea of using MD5 hashing as forsenic evidence is so wrong, it's scary.
Let's not forget that nobody gets strung up on possession of illegal MP3s - it's the distribution of them that the RIAA gets you on. You have to be caught in an infringing activity (downloading from an unauthorized source, or providing downloads without a license) to be dinged on copyright infringement. To the best of my knowledge, nobody's ever been nailed on possession of illegal MP3s without a transfer component, because it's neigh impossible to prove that the files aren't legally licensed, and the burden of proof lies with the accuser.