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That's hogwash. Apple wouldn't legally be on the hook for that. EMI itself would, since it would be their employee (if using this example). I think there are other reasons for the Beatle's music not being available digitally other than DRM.
I understand there are larger legal ramifications, but to me it doesn't make sense. I'm sure there are hundreds of copies of "Abbey Road" floating around on the net somewhere. The Beatles and EMI are seeing none of that revenue stream. Does this mean that EMI is responsible because they produced a CD that someone ripped and uploaded? Produce a product that people want to buy and you cut off the head of piracy.