Your sig quote... Wasn't that Dario Fo? Couldn't verify it quickly, though...

"You are right, though, in that if someone just gives you an unlawfully made copy physically, without your making it in some fashion, that possession isn't infringing. But that basically never happens when we're talking about downloading."

Well, I have on several occasions received CD:s with MP3 files from friends. If these MP3:s were originally downloaded, do you mean that this wouldn't be infringing under U.S. law?