Alexander Terekhov wrote:
http://www.copyright.gov/reports/studies/dmca/sec-104-report-vol-1.pdf
While disposition of a work downloaded to a floppy disk would only
implicate the distribution right, the transmission of a work from
one person to another over the Internet results in a reproduction
on the recipient’s computer, even if the sender subsequently deletes
the original copy of the work. This activity therefore entails an
exercise of an exclusive right that is not covered by section 109.
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