They participated in uploading the files as part of the downloading the torrent from other peers. Their use of the BitTorrent protocol to acquire these files would not have been transformative.
> They participated in uploading the files as part of the downloading the torrent from other peers.
Did they?
Are you sure?
> They participated in uploading the files as part of the downloading the torrent from other peers.
Not necessarily. You can literally turn uploads off and leech torrents.