Isn't there a "fruit of the poisoned tree" kind of thing? Sounds to me quite similar to the situation where you would murder your parent and get to keep the inheritance, even if you are convicted of murder. Inheriting stuff isn't illegal, yet, I think most jurisdictions would not allow you to keep it in this case.

There should be a problem with stuff obtained through illegal means, even if having that stuff is in principle legal. In this case, copyrighted material.

Obviously they would argue that having the data is only a consequence of the download part, and that part is legal. What I see is that these situations are always complicated, and if you're rich enough, you get to litigate the complications and come out with a slap on the wrist or maybe even clean hands, while if you are an ordinary citizen, you can't afford to delve into the complexities and get punished.

These days I'm starting to give up on the whole concept of the legal system being fair. They're not even pretending anymore.