"I would suggest that torrents are non commercial since there are no businesses offering their content via torrents and making money."

Well, there's the marginally profitable World of Warcraft, which uses bittorrent for content distribution (http://www.blizzard.co.uk/wow/faq/bittorrent.shtml). Most linux distributions also offer their content through bittorrent, although I'm not sure how profitable they tend to be. I'm pretty sure some of the linux companies make money though.