[dchest]

I'm pretty sure Berne Convention says nothing about the act of downloading. Your use of "akin" may be incorrect. Of course, different counties have different laws, but if we try to infer legality or illegality of downloading purely from Berne Convention, I'd like to ask this question: how can you make a copy of something that you don't have the original in the first place? Thus, it's more likely that the party who's distributing the work is making a copy, not the downloader.