Getting paid for sharing pirated music

According to patents filed by Microsoft for its Zune Player. Illegally obtained music would be able to be transferred to other Zune owners and the pirated song can be played by the receiver for a number of times before being asked to purchase it.
The sender then receives a commission for the sale of the song to the receiver.

This scenario could result in a lot of people illegally obtaining music and sending it to others in other to receive a commission a better approach would have been to allow only those who obtained the music legally to transfer them and receive the payout. I guess with the proposed scenario everyone gets a chance to help the copyright owner increase sales of their songs. After all 10 legitimate sales and 1 illegal download is better than 11 illegal downloads. The question now is who is responsible if a virus get transferred along the line :)