That why i find the whoel thing humerous. No matter what they do they will always be a step behind technology. There is no way in hell they will ever stop file sharing, be it through peer to peer sharing, or server to client sharing. They dont have a clue.
And to answer your question, I believe they are just going after those who share files, not those who download them. I am probably wrong but it would be pretty hard for them to catch people who are downloading and not sharing.