2) If you're still torrenting on public trackers you're a moron.
but then I'm in canada and i've literally never heard of anyone getting even the most measly fine for it. Because "downloading" is not illegal here, only seeding is. We can all be mooches and ignore infringement notices because they hold no real legal power (or so do the rumours say, I'm no lawyer).
Germany is a terrible place to torrent tho - I've had people I was couchsurfing at warn us not to torrent because we're on their wifi and they would be responsible for the fines. And everyone has a story about a friend of a friend getting a slap on the wrist for watching game of thrones illegally or some shit.