From the article: "The only way around the problem is to either erase the iPod, or make sure it ships with only copies of the music - downloads if that's how they were obtained, or the original physical media. And don't keep copies yourself."
Poorly written, since it should probably read "make sure it ships with THE only copies of the music," but it does take your point into account. How the RIAA could enforce this or find out, I don't know.
Does difficult enforcement of a law equate to moral justification for breaking it?