A user is not able to see or access another user's files unless: 1) one user has invited the other and the other has accepted the invitation and 2) the other user maintains a shared folder, accessible to friends, that is populated with files. Gigatribe allows users to share files with other users with whom they have become “friends” through an invitation and acceptance feature of the program. McManus used a file-sharing computer program known as Gigatribe to acquire and maintain images and videos of child pornography.
A knowledgeable file-share user “ha no expectation of receiving any more child pornography merely by sharing his files” because he understands that he does not need to make his files available to gain access to those of other users. As Geiner recognized, knowing use of a sharing feature proves only an intent to distribute because a user does “not need to share child pornography to get pornography.” Vadnais, 667 F.3d at 1210. Vadnais held that inferring an expectation of receipt from mere use is unsupported by the operation of an open file-sharing program because “freeloading” is possible. Vadnais, the Eleventh Circuit held that “logic compels the conclusion that more must be required for the five-level enhancement,” because it “require that the distribution occur for a specified purpose.” 667 F.3d 1206, 1209 (11th Cir.2012). Spriggs, the Eleventh Circuit held that a user's mere “hope that a peer would reciprocate his generosity” was insufficient to show distribution with an expectation of receipt “ithout evidence that and another user conditioned their decisions to share their illicit image collections on a return promise to share files.” 666 F.3d 1284, 1288 (11th Cir.2012).
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