I just kinda thought of this after an hour or so of insomnia. If you were caught by some copyright authority/group/douchebags for the illegal distribution of movie "XYZ" in private tracker X, simply by them logging your IP while you were in movie "XYZ" swarm. Couldn't you just say that you were a ratio cheat just trying to increase the buffer of your account so you could trade it for better accounts that you could inevitable sell on ebay and that you never technically uploaded/downloaded anything ? In court you could say
*In a southern accent* "Yo` ona, I may be a cheating, trading, selling scumbag with a huge e-penis on the internetz, but I am certainly no pirate."
Of course, I'm probably overgeneralizing here, but do you think it'd work in some cases? If it worked the worst that could happen would be if the tech guy they had bust you, reported you to the tracker for "cheating". I'd take getting banned at a tracker over getting sued anyday.