But - unless the data's included with the app - is that app author's responsibility? That sounds like suing Bram Cohen for illegal downloads over BitTorrent.
BitTorrent is completely neutral and just a mechanism for distributing content which can be contrasted with the others. Anywhere where there is a deliberate attempt to bypass restrictions on the availability of data then you may get into trouble. Even more so when you bypass then attempt to monetise like with 3Taps...