I don't think so; in MAI v. Peak, the Ninth Circuit stated that merely loading a program from disk to RAM constituted copyright infringement if you didn't have a license for the software. So downloading and reproducing should be also infringing, since they also require such copies.

(Congress has since passed a law to explicitly authorize this, but it only applies to computer maintenance, so the ruling still stands for everything else)

https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Comp....