I wouldn't want to be the guy who has to decide this issue, I can really see both sides. On one hand I'd like to see TPB stick it to the system, but on the other side they clearly are breaking copyright law (or encouraging it) and I think copyright law is a good thing.
They aren't encouraging copyright infringement. They have a notice on the sight that says not to distribute illegal content through them.
And as reported by Russia Today and Newsy.com, one of the creators said, “It is not stealing, not morally or not legally. The way that corporate law is written you aren’t actually committing a crime if you’re just 
referencing the pirate material. You need to actually take an active part in the sharing.â€
So... I don't really know what they're still doing in court, but it's not going to end well for the prosecutors.
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It's just the calm before the storm. ;P
And as reported by Russia Today and Newsy.com, one of the creators said, “It is not stealing, not morally or not legally. The way that corporate law is written you aren’t actually committing a crime if you’re just 
referencing the pirate material. You need to actually take an active part in the sharing.â€
So... I don't really know what they're still doing in court, but it's not going to end well for the prosecutors.
Case closed. TPB isn't going anywhere
Yet their website is a portal full of illegal content.