I agree with intent. If a video was shot three years before the now event, it would be hard to say it was a commercial thing but if it was recent and the property in question was singled out in the video and not just a general fly over, that would set off some flags. A person could have an aerial video of his project or riding his motorcycle and be contacted by someone that saw the video, contacted the person with an offer to buy. Does this innocent video automatically become commercial.? There will be all kinds of instances like this. I for one will not worry about it. I don't plan to fly for hire and may share a video with someone. What they do with that video or picture later shouldn't affect me. What if I stuck a camera on a kite or balloon and took some shots and the video was used for a commercial purpose. Is that any business of the FAA?The key is "down the road".... we can't control what happens later on down the road but the "Intent of the Flight" is where the FAA has our hands tied.