You leave out (B) and (C) of that paragraph:

    (B) by the reproduction or distribution, including by 
        electronic means, during any 180-day period, of 1 
        or more copies or phonorecords of 1 or more 
        copyrighted works, which have a total retail value 
        of more than $1,000; or

    (C) by the distribution of a work being prepared for 
        commercial distribution, by making it 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.

Not the "or".