Not a lawyer, but I think this case is well covered, at least in Europe. Users can't be held responsible when the offer looks legit and the average person couldn't tell that it's illegal.

Now what would be really interesting is a web torrent site that looks professional and broadly claims to be a legit service funded by ads. Right now, that would be a legal loophole. Not that it prevents right holders from sending cease and desist letters, but they'd be legally void.

How about Popcorn Time?

Watch any movie as many times as you want. All you need to get started with Popcorn Time is a proper internet connection. http://popcorn-time.to/

That certainly sounds like a claim to be legit. Does Netflix have a stronger claim?

YouTube is like passively watching TV. You can't be expected to know if the Cartoon Channel has properly licensed all of its cartoons. BitTorrent is different because the consumer is also a distributor, although the process is so streamlined that users often don't realize what they're doing or the significance of it.