I'ts just semantics, the fact of the matter is, you go to their site, download the torrent file, then use that to download pirated material, and the site knows this, there is absolutely no other purpose of a .torrent file that downloads pirated material other than to break the law. name a single other use for a torrent file called "district 9". the file can't be used for any legal purpose, so hosting it should be illegal.
I think the best solution (tho not a great solution)is a formal complaint system that requires sites to investigate and take down .torrents when a complaint is made by the copyright holder.
The hash code being in the file is relevant, it proves beyond reasonable doubt that that file is meant to download the file which the hash matches. simply naming the torrent file "district 9" isn't really proof enough that the .torrent file's purpose is to download a pirated version of district 9. but the fact that the hash code matches a pirated copy of district 9, and that the .torrent file will only ever download a file that matches the hash, proves beyond reasonable doubt that the torrent file's ONLY purpose is to download a pirated version of district 9.
I'm so sick of all you arrogant pricks who think you are some sort of uber l33t hacker just because you think have a system of downloading pirated material that can't be traced by the law, that it spreads the responsibility so thin that no one can really be held responsible.
In the virtual world, it doesn't matter where the data actually physically is. eventually when we move to cloud computing, no one will actually have any of their data, on their own hardware at home, so what then? no one can be guilty of possessing copyrighted material? or child porn?? its all just semantics, and the .torrent file should be just a illegal as the movie file it's self, because it is directly linked to it (what if someone made a streaming movie player where you just 'play' the torrent file, and the player streams it through bit torrent? how would the torrent file be any different from the actual movie file then?).
of course the "Google links to mini nova" argument comes in now, but the fact of the matter is its just easier for the authorities to go after mini nova, because that way they kill two birds with one stone, Google linking to pirated material should be just as illegal.
also, notice how both my, and the Dutch solutions don't adversely effect legitimate torrents in anyway? which makes it infinitely better than any DRM I've seen at least.