Doesn't matter. At the end of the day, you used a key with intent to decrypt such data and extract the original work.

Courts don't operate on technicalities. The intent is pretty much all that matters, as long as you prove that someone intended to pirate stuff, doesn't matter what rube goldberg machine they use to actually pull it off.

Schemes like this have been tried since the 1800s, perhaps far longer, where someone smugly announces "well technically I didn't defraud them, your honor" and gets sent straight into prison.