That's an interesting essay and I agree it goes to the heart of the question. There's clearly an interesting question, even in the colour domain: is someone infringing copyright if the data they themselves are sharing has a perfectly legitimate colour that is the basis of their sharing? That's the plausible deniability bit that's so important: "Yes your honour, I did share that chunk of random data, but I did so because it's part of this totally legitimately coloured file I was wanting to share. I had no idea that someone added a new colour to the block. Obviously, I'm only sharing the original colour block; prove otherwise". At some point, the court has to decide the colour of the block from the perspective of the accused, which allows a basis for deniability.
