this is an incorrect interpretation (in the usa, at least).
downloading a game/movie is still the creation of unauthorized copy, which is not allowed. not to mention that playing/watching does not count as a "novel transformation".
(17 U.S.C. § 106 and 17 U.S.C. § 501 are the relevant pieces of reading)
So if you pirate a bunch of content you still get in trouble for that. But if you somehow make a business out of that that isn’t just redistributing those materials, then that business itself isn’t infringing.
ISPs and trigger-happy law firms don't send you a C&D for downloading a torrent, they do so for seeding a torrent. It's just that practically nobody "just seeds" a torrent so people colloquially claim they got busted for downloading a torrent.
In theory this means if you torrent as a 100% leecher and turn off seeding from the get-go, you should be in the clear. But nobody sensible would dare test the extent of German Legal Spite, much less do so repeatedly to science the shit out of it.
If you can download through another protocol, say HTTP, however---<Sendung unterbrochen!>