He uploaded it straight to discord. This still qualifies as continuous distribution as we have established - discord hosts the image and ANYONE with the link can see it there are LITERALLY NO PRIVACY OPTIONS.
Also, even if Rose's account was the only one who could open that discord sex video of Pxie, even making the sex video accessible to one person without Pxie's consent breaks the law and he still has to pay pxie's attorney's fees even if the damages he's deemed responsible for are small
re: continuous distribution, looking at the letter of the law 15 usc 6851, it says that
https://www.law.cornell.edu/uscode/text/15/6851 "The term “
disclose” means to transfer, publish, distribute, or make accessible."
So even if Rose's account was the only one who could open that discord sex video of Pxie , when did destiny make that discord sex video accessible to Rose?
The date at which he first made the Pxie sex video accessible to Rose was on the 10th April 2022, but he also made that video accessible to Rose every subsequent day that he kept that discord message up without deleting it. So he also made the video accessible to Rose on the 11th of April 2022, 12th of April 2022, all the way until the 1st of October 2022 when 15 USC 6851 came into effect, and after that until 2024.
If destiny had instead deleted the discord message to Rose with the sex video in say August 2022, then it would not be true that on or after the 1st of October 2022 he was making the sex video of Pxie accessible to Rose and he would definitely be in the clear on that charge.
Some might argue that what matters is when you first make the sex video accessible, but this can't be true, because imagine if instead of making the video accessible on discord, destiny had instead built a solar-powered electronic bill-board in the woods with a button saying "pxie sex tape" that played the video whenever someone pressed the button and destiny gave people directions to the billboard. If destiny built the billboard before October 2022, but kept the billboard up long after October 2022, would destiny not be guilty ? Clearly he is making the sex video accessible long after October 2022 by keeping the billboard up.
And this is true even if he somehow made an electronic billboard that had a fingerprint scanner so only Rose could activate it.