There's a case where that actually could work, if the person in question used torrents or P2P networks while getting the backup. People are rarely caught while using direct downloads unless your ISP informs them, but if the person not only got the backup but also distributed it in the process, is better for him/her to hide that recipe in order to avoid higher charges.
Nintendo made sure that Australian guy to never upload a Wii game again. I don't think anyone would like to press his/her luck justifying it with a recipe.