If nonot, doesis it a substantial part of the activity become copyright infringementwork reproduced if the downloader-and-discarder repeats the activity on more of the torrent's chunks (each being discarded before downloading another torrent chunk)?
The Copyright Board has said, regarding the 4-6 second buffer in the XM satellite receiver (ibid.):
2. Although, I don't think the assumption of unrecognizable subportions is necessary, since the 4-6 buffer in the XM Satellite receiver was not unrecognizablewas recognizable.