If anyone is distributing it within Illinois jurisdiction (or maybe even distributing it elsewhere while maintaining a business presence in Illinois), they could be at risk of qualifying as an operating system provider under Illinois law.
How does that work with data on a server outside of the jurisdiction, that’s freely available to download and re-upload? The ‘local legal presence’ thing might work, but then what if they only distribute it on (say) a thumb drive, sent outside the jurisdiction, which is then uploaded by a third party? This whole thing seems unenforceable (or worse, arbitrarily enforceable).
How does that work with data on a server outside of the jurisdiction, that’s freely available to download and re-upload? The ‘local legal presence’ thing might work, but then what if they only distribute it on (say) a thumb drive, sent outside the jurisdiction, which is then uploaded by a third party? This whole thing seems unenforceable (or worse, arbitrarily enforceable).