You're only distributing if you keep the torrent files after you finish downloading. A lot of people delete them as soon as they've got the files they wanted.Yeah being watched is not the way, but it is a problem and it does need clamping down on. Lets be honest most people who download do it through torrents. Which means they are also distributing which is a criminal offence.
Although I think the tide is turning as legal ways catch up, which are free with adverts or pay a premium without.
The entertainment industry needs to embrace the internet. They need to bring forward release dates, phase out regional release dates in favour of global ones, and either reduce prices or make their content available for free.
It's important to remember that illegal downloads have helped to bring about iTunes, Spotify, and on demand video.