I believe you are right dmpoole, it's usually those who share that are caught / fined. Maybe it's easier to prove?
That's not seeding![]()
No. You're at a much higher risk of getting in trouble if you are actively distributing the copyrighted material than if you are just downloading it.
For private trackers you shouldn't actually overseed. Get to a 1:1 ratio, perhaps 1:2 at most before you stop seeding. Otherwise you actually hurt the community. Because if you're seeding then other guys who need the ratio more can't seed, though this only really applies to highly populated torrents.