— 18 — 48. Mr Pun can, however, claim support for his argument in The Modern Law of Copyright and Designs, which contains a passage stating as follows:14 “It is submitted that the distribution right does not normally apply to the transmission of works by means of the Internet. This depends on what is meant by putting copies ‘into circulation’. In a metaphorical sense it may be said that, for example, a person who uploads a file to the Internet is putting copies into circulation, but this is an inexact use of language. It does not matter where precision of thought is not important, and earlier in this chapter we have ourselves referred to downloading ‘copies’ of works; but precision does matter here. What is actually happening is that he has and retains his copy in the memory of his computer and his machine sends out a series of electronic instructions (which are not themselves a ‘copy’) which cause other copies to be created in the memories of other computers.” 49. It is not clear on what basis this passage regards the matter being transmitted as merely “electronic instructions causing other copies to be created” rather than copies in electronic form destined for the downloading recipients.15 To take the example of purchasing an online copy of an anti-virus program, it is hard to conceive the process as one in which the seller is giving the purchaser’s computer “instructions causing a copy to be created” as opposed to transmitting to the buyer an electronic copy of the program (access to which usually requires the entry of a code or “product key”). In any case, the evidence and findings in the present case do not correspond with the approach taken in the textbook. It is true that the initial infringing copy remains on the appellant’s hard disk. But the evidence was that files, broken up into small packets of digital information were reproduced on the appellant’s computer and sent to the downloading network. Given our statutory definitions and provisions, it is appropriate to describe the aggregate of the packets created 14 At §34A.21. 15 At §34A.16, the textbook suggests that what is transmitted “is just a stream of electrical signals telling the home computer how to make a copy; and these are no more a ‘copy’ than are the sounds emitted by – or the keyboard depressions committed by – a person who plays a piano.”