In some countries, like Switzerland for example, it is legal to download, but illegal to upload content that is copyright protected. So if you want pirate legally, you ether only leech public torrents, buy vip leech pass on private tracker or simply turn to usenet.

I think it is that way, so that a consumer getting something from someone (free or paid) can not get in trouble for accepting, since how should the consumer know it is a pirated copy (I think the law was written prior digital age). But the one offering can get in trouble, since that person is more likely to know that it is a pirated copy. There is even an exception, which allows you to share your pirated copy with close friends. You can not even get in trouble if you rent stuff, copy it and give the original back after.