“… without disclosing his or her e-mail address, and the title of the recording or audiovisual work …”

You seem to be reading this as “(without disclosing email address) and (without disclosing title)”, but I think the more natural reading is ” without (disclosing both email address and title)”. In other words, anyone who fails to disclose either is punishable.

Here’s an analogous example:

“Any student who doesn’t have his or her homework and the course textbook is unprepared for class.” I think the only reasonable interpretation of this is that forgetting either the homework or the textbook is sufficient to make one unprepared.

I’m also doubtful about your interpretation of the title requirement. The works in question certainly have official titles — I don’t see why this statute wouldn’t be interpreted as requiring that official title to be listed.

I would think that “Sailing to Philadelphia”, “(Mark Knopfler) Sailing to Philadelphia”, or “Sailing to Philadelphia – Mark Knopfler” and reasonable misspellings would probably be fine, but “MK’s Sailing” or “Sailing to Philly” might not be.

I think the bigger concern is how one can “disclose” an email address when distributing a file over a peer-to-peer network. According to the statute: “(6) Ã?¢â?¬Ã??Disclosing’ means providing information in, attached to, or discernable or available in or through the process of disseminating or obtaining a commercial recording or audiovisual work in a manner that is accessible by any person engaged in disseminating or receiving the commercial recording or audiovisual work.”

I wonder whether a textfile titled “MyEmail.txt” located in your Upload directory would be sufficient to satisfy this requirement – of course, this would only apply to those networks that allow users to browse other users’ shared files. Otherwise, it seems that the only alternative on most P2P networks would be to rename all of your shared files to include your email address. This is a pretty unworkable solution, especially considering that every person who downloads it would have to rename the file with their own address before resharing it.

On certain P2P networks (bittorrent, for example) it seems impossible to meet the email address requirement given the way the network functions.

In short, it seems to me that these penalties would apply to pretty much every person sharing commercial audiovisual works on a peer-to-peer network.

“… without disclosing his or her e-mail address, and the title of the recording or audiovisual work …”

You seem to be reading this as “(without disclosing email address) and (without disclosing title)”, but I think the more natural reading is ” without (disclosing both email address and title)”. In other words, anyone who fails to disclose either is punishable.

Here’s an analogous example:

“Any student who doesn’t have his or her homework and the course textbook is unprepared for class.” I think the only reasonable interpretation of this is that forgetting either the homework or the textbook is sufficient to make one unprepared.

I’m also doubtful about your interpretation of the title requirement. The works in question certainly have official titles — I don’t see why this statute wouldn’t be interpreted as requiring that official title to be listed.

I would think that “Sailing to Philadelphia”, “(Mark Knopfler) Sailing to Philadelphia”, or “Sailing to Philadelphia – Mark Knopfler” and reasonable misspellings would probably be fine, but “MK’s Sailing” or “Sailing to Philly” might not be.

I think the bigger concern is how one can “disclose” an email address when distributing a file over a peer-to-peer network. According to the statute: “(6) Ã?¢â?¬Ã??Disclosing’ means providing information in, attached to, or discernable or available in or through the process of disseminating or obtaining a commercial recording or audiovisual work in a manner that is accessible by any person engaged in disseminating or receiving the commercial recording or audiovisual work.”

I wonder whether a textfile titled “MyEmail.txt” located in your Upload directory would be sufficient to satisfy this requirement – of course, this would only apply to those networks that allow users to browse other users’ shared files. Otherwise, it seems that the only alternative on most P2P networks would be to rename all of your shared files to include your email address. This is a pretty unworkable solution, especially considering that every person who downloads it would have to rename the file with their own address before resharing it.

On certain P2P networks (bittorrent, for example) it seems impossible to meet the email address requirement given the way the network functions.

In short, it seems to me that these penalties would apply to pretty much every person sharing commercial audiovisual works on a peer-to-peer network.