Sending a downloaded file on digital: third party communication?

Question

This came up in comments on this question.

Since before the Internet was widely available, it's been common to pass along files received from other users or downloaded from a server somewhere. For amateur radio, however, the FCC has some rules concerning "third party communications", where Alice sends a message to Bill on behalf of Charlie, who isn't part of the communication (for purposes of this question, Charlie isn't under a license revocation).

If I send a downloaded file (one I didn't create) via a digital connection such as a mesh network, would this constitute "third party communication"? I have the file already stored in my local system; I'm not downloading it from a server in real time as I transmit to the mesh. I'm not being paid for the file, either as a condition to sending it, or on approval (like the old "shareware" concept). All I get out of the exchange is a good feeling for sharing something I've enjoyed, and the likelihood that someone else on the mesh will share something I might want.

With no "fiduciary interest" this ought to be legal (pending copyright etc. concerns), but does it in fact constitute "third party communication"?

Answer 1

From a Part 97 perspective, the definition of third party communications is:

Third party communications. A message from the control operator (first party) of an amateur station to another amateur station control operator (second party) on behalf of another person (third party).

If you send a file to Bob because you wish to share it with Bob, that is not a third party communication even though the file originated from somewhere else.

On the other hand, if I gave you the same file and asked you to send it to Bob, I am the third party and you are conducting third party communications.