Things could change if software became recognized as a physical object. Instead of buying the rights to use a certain piece of software, I would be buying a copy of a certain piece of software, much like I buy a copy of a Siemens washing machine. The act of downloading illegal software could then more easily charged, not just the act of making it available.
Of the top of my head I can't see a problem with such a legal description of software. But certainly there must be something, or it would have been done earlier.