In this case, it downloads random torrent _metadata_ right? How could the case be brought with just metadata? Regardless of whether the torrent cache was personal or not, if it was just metadata it still didn't contain anything illegal
if you're contributing to a distributed index where people are searching and retrieving material thanks to the meta data on your drive, IMHO that's pretty close to distribution
Google also links to illegal data and actually Google is probably the largest distributor illegal data in human history (if by "distribution" we include linking)
Otherwise what is actually being legislated here is that search engines must be centralized, cementing Google's stranglehold on this field
if they argue nonsense and the judge buys, it's that.
law enforcement uses hashes of bad content. torrent conveniently uses hashes. the expert can argue if you have the hash you have the content because how torrent works.
the judge that accepted the argument about how torrent works but refused the argument about how tribler or freenet etc works should be disbarred imho.
The political problem was that I refused to alter statistical data for a "scientist" that wanted to publish that women after abortion develop mental health issues. They search my job computer for something to kill me and found tribler cache.
https://www.publico.es/actualidad/rioja-paga-estudios-salud-...
It was hard. Lost job, six years under juditial prosecution... at the end, the case was dismissed, I could show that the torrent cache was not personal, but the damage was great.
Be careful if you are an activist or have political involvement. I'm unaware of the workings of the current version, hope it encrypts the torrent cache somehow.