Can You Download Torrents without Exposure to the RIAA?

A reader of this blog who would prefer to remain anonymous asked me to help resolve a "very heated argument " he was having with a friend about whether it's possible to use BitTorrent without risking exposure to an RIAA lawsuit. He had read something I'd written about the RIAA only going after uploaders using P2P programs such as Limewire, and but BitTorrent is built differently, making it harder -- or maybe impossible -- to turn off sharing.

"My friend believes since it is the Torrent technology you are 'sharing'
files and thus are subject to being sued. However, my contention is [that] if auser turns off the share feature (viewing his/her folders) then thechances of getting sued are far less likely."

Since they were talking about µTorrent, I responded with what I think are directions on how to disable uploads in that program in order to minimuze exposure to RIAA lawsuits, although there could certainly be more to the story. If you have further advice on the topic, please post it below in the comments section so we can arrive at a definitive answer. Here's what I sent him:

It's true that the RIAA does not go after uploaders, butBitTorrent, as you and your friend know, is a bit more complicated. TheRIAA currently catches file sharers by searching for, say, StevieWonder, and then recording the IP addresses of everyone who was sharingit at that moment, as long as they're sharing a bunch of other filestoo.

I don't think you can disable sharing by folder in µTorrent, but whatyou can do is set the number of upload slots per torrent to zero, whichshould make you safe from the RIAA, although the system itself couldpenalize you for not sharing by slowing your downloads.

It is illegal to download music without permission too, because you'reinfringing on the copyright holder's right to make a copy of the work,
but the RIAA would have to distribute copyrighted music to you in orderto figure this out, which is more complicated, and results in a lessercount of infringement. If you make no files available for upload, theRIAA's current technique, which could change in the future, would notcatch you. What I can't say for sure is whether µTorrent wouldcontinue to work well if you left uploading turned off for a longperiod of time.

(I have to add for legal reasons that I am not a lawyer, and this does not constitute legal advice.)

Thoughts?