There is also the issue of the torrents themselves. Torrents are nothing more than metafiles and are not bound by any copyright law. In this respect, Torrentspy and other BitTorrent tracker sites are nothing more than indexes of data files. Google indexes millions of torrent tracker sites, illegally hosted pirate content and numerous warez sites. Why aren't they being hauled over the coals for "facilitating" copyright infringement ?
In Torrentspy's case though, they stuffed-up by deleting evidence. This action went against them and smacks of poor forethought.