This is a good point. Stealing is a crime only for end users and not for companies. Why should end users feel any shame violating the DMCA when the government itself says it’s ok for companies to not honor it
I’m not a lawyer so I’m sure there is more to this definition.
Torrenting gets you in trouble because uploading at least a little bit is inherent to how it (and some other P2P) is supposed to work, and that's enough for a case.
Cases against people just downloading have always appeared to be very rare/non-existent, at least from when I used to follow the news on this stuff more. I don't think I've ever seen a case of someone threatened for solely downloading off direct download services, for example.