Downloading does not fall under the so-called “private copy exception”. The private copy exception only covered those rare cases when you took the effort to make a copy from a lawful source (perhaps putting a song you owned on CD on to a cassette so you could listen to it in your car). With the internet, the situation changed hugely. Firstly, copying became a lot easier. Secondly, the home copy-exception applies to when you borrow an album from a friend - someone you know. Online, you’re downloading from anyone, anywhere who happens to have the song you want. Thirdly, when you start downloading using peer-to-peer software, you will usually also start uploading at the same time. It’s the nature of p2p-technology that you both distribute and consume. So, you’re not just making a copy for yourself, you will also be distributing the same song, and that distribution is in any case wrong. These changes together mean that the three step-test is not met, so downloading does not fall under the private copy exception and is therefore illegal.