The courts have ruled that it is copyright infringement to "make available" content that you have no right to distribute. My question is whether it is also copyright infringement to retrieve infringing content over the web. That is, in a basic p2p transfer, is the recipient breaking any laws? If so, has any legal action ever been taken against someone for downloading?
You might be thinking that this doesn't matter because if nobody uploads, nobody can download, but until copyright law is unified internationally (it's clearly not: AllOfMP3 is still in business), it will be possible for people to upload without breaking their local laws."