I'm not sure what's your point.
You A are getting content from server S.
B is getting the same content from server S.
With this CDN, what changes is that A is now sending content to B. Content that may be illegal. The fact that would mean A was accessing illegal content doesn't change the fact that this CDN moves him from a downloader to an uploader, without his content nor telling him, something that has legal precedent for leading to convictions in europe.