Let me rephrase : here, there is no legal basis nor ''legislating from the bench with jurisprudence'' to extract money or inflict penalty on someone who downloaded and shared a copyrighted work without aim to profit from it.
Basically, the ''you can't sue someone for recording a song on the radio and sharing a copy of it to someone'' was extended to filesharing.
Let me rephrase : here, there is no legal basis nor ''legislating from the bench with jurisprudence'' to extract money or inflict penalty on someone who downloaded and shared a copyrighted work without aim to profit from it.
Basically, the ''you can't sue someone for recording a song on the radio and sharing a copy of it to someone'' was extended to filesharing.