Basically, i don't see how their legal defense would go. "we only provide links to the torrents" would be suprnovas, but isn't loki a tracker?
"we're not the ones downloading, we're just facilitating." Since lokitorrent doesn't host the copyrighted file, but rather provides a way to communicate with the person that does, that's not really a good analogy. A tracker is more like the phone company in a sense. The phone company, much like a tracker, provides a way for two or more parties to communicate, it doesn't provide or contribute to the conversation. You don't see the phone company being charged with criminal conspiracy when two or more of their customers use their lines to conduct illegal activities do you?
I think what the MPAA is doing is wrong. If they were going after the providers of, or those who knowingly download, the copyrighted material, that would be one thing. But, to go after the tracker sites instead seems cheap.
Also, why is their first response a threat to sue if they don't shutdown their site? They could have just sent the site owner a letter listing all the things they held copyright on and asked them to remove them and put a mechanism in place so that their materials are not permitted to be posted in the future. Much like how
ADV Films dealt with anime torrents sites that were listing/tracking the anime they licensed. Granted, several of the sites relocated their servers to countries that do not recognize copyright laws, but the remaining ones just removed the offending links and/or torrent files (with the exception of several sites that decided that it was too much trouble to address the long-term problem and shutdown their site). This seems a more ethical and cost-effective solution in my opinion.