I assume most of the viewers here have seen Steal This Film Part 1?
This isn't the first time the operators of TPB have had a run-in with the law.
In fact, it is speculated that, when they were taken in by the police some years back, the Americans were pulling the strings. Specifically, the MPAA.
At any rate, the operators of TBP have claimed that they've shortened the time it takes for TBP's servers to restart themselves in the event of any run-ins, so I'm not really that panicky over this.
As it has been stated before, the protocol is legal. It's only a matter of using it to download what, so in that sense, there really is no case against TBP because they only host tracker files that are essentially a list of instructions for the BitTorrent client to follow in order to download the actual content.