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Shaggy,
I think it is probably a matter of enforcement. If 90% of book downloaders only downloaded books that they already owned, it would be very difficult to sift through all the downloaders and determine who was legitimately downloading said books and who was doing it illegally.
Another argument might be that since the person who uploads the copyrighted work is doing so without permission and therefore illegally, that by downloading said work, you are participating in the original crime of uploading the work.
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