Quoted from the article:

> Under the lawyer's rules, Colour is not a mathematical function of the bits that you can determine by examining the bits. It matters where the bits came from.

Unless one end of the bits source is from blackbox countries, like China. If you finally get some international cooperation done perhaps the work is already unpopular and no one really cares. Enforcement takes time, and technically in today's unpefect world copyright can be dragged to an unworthy degree.

The rebuttal is indeed good but I believe that the following quote is a bit strawman-like: "When it's scrambled by Monolith, the claim is that the resulting file has no Colour - how could it have the copyright Colour? It's just random bits!"

The claim is not that the file has no Colour. The claim is that there is no way to distinguish it from one that has no Colour. I am not convinced about the implications, this way or another. Just saying that it is not as simple as in the quote above.