That's just question begging.
Not really. He asked why one scenario was legal and the other wasn't, and I told him. I also took the time to express my confusion as to why he didn't engage in the legal practice if he knows how to do it.
Saying that one method violates the rights holder's intellecutal property rights is the same as saying one method is illegal. It's a completely circular answer to the question of why one method is (presumably) legal and why another method is illegal.The rights holder has the exclusive right to reproduce a copyrighted work. In both scenarios, a copyrighted work is being reproduced. Your DVR is creating a digital copy of the show that was broadcast over the distribution network. Similarly, a torrent is downloading a digital copy of the copyrighted work onto you computer. The same intellectual property right is being violated. Nevertheless, the Supreme Court has held that timesharing, as in the example with a DVR, is a fair use protected by the copyright act. In order to actually answer the question posed, you would have to explain why violating the exclusive reproduction right for time shifting is a fair use and why downloading an electronic copy when you have already "paid" for the intellectual property is not by reference to the statutory definition of a "fair use" which I include below:Notwithstanding the provisions of sections 106 and 106A, the fair use of acopyrighted work, including such use by reproduction in copies or phonorecordsor by any other means specified by that section, for purposes such as criticism,comment, news reporting, teaching (including multiple copies for classroom use),scholarship, or research, is not an infringement of copyright. In determiningwhether the use made of a work in any particular case is a fair use the factors tobe considered shall include—(1) the purpose and character of the use, including whether such use is of acommercial nature or is for nonprofit educational purposes
2) the nature of the copyrighted work
3) the amount and substantiality of the portion used in relation to the copyrightedwork as a whole; and(4) the effect of the use upon the potential market for or value of the copyrightedwork.The fact that a work is unpublished shall not itself bar a finding of fair use ifsuch finding is made upon consideration of all the above factors.