Bit Torrent Legal action / Scam

They do have right to query the ISPs. who can report on the bandwidth used on a given protocol (p2p)
means fuck all as they can't prove what files you have? you could be sharing free music with friends..

That's not how they do it.

The owner of the copyrighted work employs a company that monitors specific torrents.

They grab the IP addresses and make a court order to the relevant ISP to find out who had that IP address at that time/date.

Technology is not proven though, and still untested. There can be lots of fake IPs on a torrent, and IPs can be obfuscated.