If you are using bittorrent, you are almost certainly uploading. I'm also not sure that they never prosecuted anyone for downloading is actually a sufficient a

If you are using bittorrent, you are almost certainly uploading. I'm also not sure that they never prosecuted anyone for downloading is actually a sufficient amount of evidence that it is legal. I've never heard of anyone get prosecuted for uploading just one song or one movie, that doesn't mean that it would be legal to do so.