This is granted. However, the point is not that an individual has a right to seek copyrighted material via means of infringement when it is not otherwise available to them, but that the copyright holders do not have a right to claim damages, or indeed any harm against themselves, when such an act takes place.
Thus there is no reason not to conflate necessity with desire in these cases. The person who downloads the material derives enjoyment from it, and there is no cost to the copyright holder. From a moral perspective, is this not the most desirable outcome?