I think that this becomes the major piece of why Apple should disclose watermarking if it decides to use it. How much liability are you taking on by buying watermarked tracks? With lost/stolen iPods and hacked computers, certainly the amount of music stolen from people will go up as more and more people increase their digital music collections.
Tracking via watermarks creates this new issue since previously the non-DRM'd tracks couldn't be traced back to the original owners, and Apple assumes liability for cracked DRM associated with shared DRM'd files.
As JeffDM stated, in the US civil court, the bar is much lower. There isn't the doctrine of reasonable doubt. With the watermarks, defendents will find themselves in the unenviable postion of guilty until proven innocent. The question to ask yourselves is if some of your tracks get unintentionally leaked out onto the net, do you have the thousands of dollars laying around to defend yourself against an RIAA suit, or would you just say you were guilty and settle for the tune of $3000, assuming the RIAA doesn't increase their settlement fee?
crackpip