You have a funny sense of logic then. Isn't it possible to be consensual in some cases and not in others?
If I said "In some cases it is legal to download a video and in some cases it is not", would you call that "never legal to download a video"? The fact that I can't legally download a movie currently in the theater shouldn't affect me from legally downloading a video licensed under a creative commons license.
If I said "In some cases it is legal to download a video and in some cases it is not", would you call that "never legal to download a video"? The fact that I can't legally download a movie currently in the theater shouldn't affect me from legally downloading a video licensed under a creative commons license.