As I said, when it becomes insignificant enough no one cares. As with TPB, it’s blocked in many places and service is down quite often. A few people bother to use it, thus guys with the guns don’t bother.
It’s the same situation with your homebrew unlawful stuff. As long as your impact is not worth the attention of the guys with the guns you can do whatever you want.
In fact "the people with guns", as you like to call them, do little else day-in day-out than try to scrub google results and other places, because they do care, yet they are losing badly.
As long as one can google "thing" + "torrent" and come up with something in the first few result, it's pretty obvious who isn't winning.
Then there's also the actual statistics for torrent usage...
Sure they can take down a pirate bay or some other tracker now and again, but at the end of the day for each site they take down there will be 10 new ones.
And that's what I'm talking about when I'm saying "pretty much any policy can be made unenforceable if a sufficient number of people decide to make it so."
The best efforts of those people with guns are proverbial drops in the ocean.
What always happens when laws and reality aren't in alignment, is that people ignore those laws en masse.
It’s the same situation with your homebrew unlawful stuff. As long as your impact is not worth the attention of the guys with the guns you can do whatever you want.