so
two people stand out front of you
one hands one a dvdr and walks away
was that a commerical act?
NO
in fact you could get charged for taking a quarter for a ciggarette cause you aren't doing taxes and lisences and fees etc. BUT if you just give it away it is not commerical
thats my take and its why the motion for your names and addresses would mean nothing other then there ability to harrass and attempt to intimidate people for not reason then to be bad citizens.
In other words if instead of ip addresses you used your name and addresses in grabing or sharing these files would it have mad eit commercial
commercial:: adjective business, businesslike, economic, engaged in commerce, financial, in the market, industrial, jobbing, manufactured for sale, mercantile, merchandising, monetary, pecuniary, perraining to business, pertaining to merchants, pertaining to trade, prepared for sale, skilled in commerce, supplying, trade, trading
oh and rule out trade as i did not give something to get something ....