This makes me realize that torrenting is absolutely under attack here.
If you look at (3), an activity doesn't even need to be for commercial gain if it's "intentionally marketed," and moreover it does not need to actually perform a work to be in violation - it simply needs to be marketed as such and "offer" a service.
Which means that even an individual leeching a torrent (sending no copyrighted material in outbound packets) might arguably be in violation of the act, simply by sending out packets that advertise their membership in the network and the potential for them to upload copyrighted material.
IANAL and this would need to be tested in court. But it's dangerous ground.
If you look at (3), an activity doesn't even need to be for commercial gain if it's "intentionally marketed," and moreover it does not need to actually perform a work to be in violation - it simply needs to be marketed as such and "offer" a service.
Which means that even an individual leeching a torrent (sending no copyrighted material in outbound packets) might arguably be in violation of the act, simply by sending out packets that advertise their membership in the network and the potential for them to upload copyrighted material.
IANAL and this would need to be tested in court. But it's dangerous ground.