In my country there is a golden rule, when walking on a street with no sidewalks you have to walk on a side where you face the incoming traffic so when a car passes you, you are actually seeing it from a distance. Failing to do so increases your liability for potential injury.

Theres another thing about it, when downloading something from p2p network you have many sources (unless only one person has the file and you are the only person downloading), so actually there is little chance you get one full file from particular person. Technically the damage would be much less than uploading one whole file, because only fraction of each file has been transmitted, additionally particular fractions transmitted from one source are probably not enough to build whole file. So this person haven't even uploaded whole files with music. Determining how many people actually downloaded from this person and how much of a portion of the file may be impossible but I think it would be just small amount of each file. What if total amount for each file would be under lets say 15s, wouldn't it then be a fair use or something? Just a thought tho.