However, users who download this data also infringe copyrights if it is obvious to a reasonable and fair-minded person that the public presentation (the offer on the servers of the one-click hoster) is made without the permission of the actual rights holder. This is certainly the case if, for example, a film is offered before its theatrical release. However, the obviousness should also be given after the theatrical release, since no one can expect a film production company to make its films available free of charge on servers of one-click hosts.
Very much depends on the country, though.
In Germany for example, it is illegal to actively share media (so upload via torrent), but it’s “legal” (ie, not fineable) to stream or download via one-click-hosters.
I just looked into it briefly and you’re right, there seems to have been some development:
Full text: https://www.juraforum.de/news/boersebz-direct-downloads-verletzen-urheberrechte_247270
Translation: Criminal liability of the downloader
However, users who download this data also infringe copyrights if it is obvious to a reasonable and fair-minded person that the public presentation (the offer on the servers of the one-click hoster) is made without the permission of the actual rights holder. This is certainly the case if, for example, a film is offered before its theatrical release. However, the obviousness should also be given after the theatrical release, since no one can expect a film production company to make its films available free of charge on servers of one-click hosts.
Translated with www.DeepL.com/Translator (free version)
It also states that downloaders are currently not being pursued, because it is too difficult to prove.