with regard to unreleased works intended for public distribution (e.g., beta software or workprints), anyone who makes available a work that the copyright owner expects to distribute commercially, but is not yet distributed, shall be punished if the work is "made available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution." first time offenders can get up to three years in jail, or five if they committed the offense for financial gain. repeat offenders can get ten years if the offense was committed for financial gain. these penalties are in addition to any penalties for violating non-disclosure agreements or trade secret law.