The copyright industry has pushed the “making available” narrative for so long, that’s sort of become the dominant talking point. IANAL, but as an internet user, I have opinions*:

a. That seems entirely backwards from what the law intends. “Making a copy” is done by the downloader, which is explicitly what the law is about.

b. The industry only went the other way because it was more convenient from a litigation perspective. It’s far easier to sue one person for seeding to 100 peers than to go after the 100 individuals who downloaded from that seeder. They got a few courts to go along with the more loose interpretation to get precedent for the next and the next suit.

* always be aware of your local copyright laws before listening to some rando online.

Give me the full game in one package at a reasonable price* and we’ll talk.

* Being Square-Enix, we won’t actually ever talk.