You cannot create a copy of a work that you do not possess. The downloader does not possess the work to create a copy. Only the uploader is even capable of creating the copy. The downloader cannot create a copy; he can only request.

If he does something else with that copy he receives, he becomes something other than merely a downloader. That "something else" could be unlawful, but that "something else" is not "downloading".

It could be unlawful if the downloader gains unauthorized access to the computer system, but that would not be a copyright violation. It could be unlawful if the downloader conspires with the uploader, but the degree of collaboration would have to be much greater to support a conspiracy charge.

Downloading does not meet the statutory criteria for copyright infringement. Downloading alone is not infringement.