While I don’t know if it’s relevant to the scope of copyright law, and IANAL, I was under the distinct impression that basically everything is commercial activity. If you grow a plant in your backyard, don’t tell anyone about it, and eat that plant, you have participated in “interstate commerce” according to the SCOTUS (see Gonzales v. Raich). I’d be curious, considering the modern online economy, if “for commercial purposes” would become an irrelevant consideration given the current court’s standing.
