Pretty sure you can’t download either. But the fines would be very low, so instead they go after uploaders, convince the court it’s "commercial distribution", values skyrocket and for a small 1000€ fee you can make the problem go away.
ime correct: individual downloaders will not be prosecuted unless somewhat high-profile, intitutional/commercial users (vps) will only get a cease and desist. uploaders are fair game.
It also helps that it’s pretty hard to figure out who downloads. With torrents, you’ll always upload as well (outside using specific clients), with websites they have no data.
