Who says so?
As long as any files are copyrighted, no matter where you download
them, whether via the web or via a P2P program, you have broken the
laws.
The copyright law states that the whole/part of the
book/program/media cannot be reproduced without permission. By
downloading a file (whether or not you upload it), you are already
part of the piracy gang. The one who produces the files is in the
wrong, but the ones who are downloading are also in the wrong,
because they know very well it breaks the laws.
When you are using P2P, you have to share, that's why it's called
P2P. Yes, you can turn it off, the only thing is you will find
yourself being banned by others. So to make things easier, people
turn on sharing rather than turn it off.
(2) Without limiting the meaning of the expression reasonable
portion in this Act, where a literary, dramatic or musical work is
contained in a published edition of that work, being an edition of
not less than 10 pages, a copy of part of that work, as it appears
in that edition, shall be taken to contain only a reasonable
portion of that work if the pages that are copied in the edition
(a) do not exceed, in the aggregate, 10% of the number of pages in
that edition; or
(b) in a case where the work is divided into chapters exceed, in
the aggregate, 10% of the number of pages in that edition but
contain only the whole or part of a single chapter of the work.
So long you have files which has exceeded 10% of copying or
reproduction, you are violating the laws.