Comment by mindslight

You seem to be thinking that movie studios can only operate as singular entities and in system-legible ways.

What I'm imagining: someone who is mildly connected to execs at various studios/labels starting a company that participates in private trackers, and then passes information about infringement/infringers onto studios. They would only need one or two studios as clients to prove the concept and (informally) prove the idea to the rest of the industry. Their agreement with client studios includes an agreement that they won't be sued for infringement that occurs in the process of finding (other) infringers, doesn't include any license to works, and certainly doesn't include the ability to sublicense!

Sure it's possible that when this eventually goes to court, a chain of "activist" judges might go against the status quo of a company taking steps to protect its "property" - discard corporate veils, call the investigator's uploading an implicit sublicense, etc. It's just not likely, and the failure mode still would be individual licenses for the specific downloaders that were in the swarm at the time, not blanket rights to redistribute indefinitely.