I can't say I've been following this case closely nor am I a lawyer but... it sounds like the Pirate Bay guys are saying "we don't own the [possibly] criminal enterprise; we just run it." If the organization's activities are deemed illegal wouldn't anyone facilitating these activities be liable? Why does it matter whether they "own" it? How are, say, mafia bookies or web designers in the employ of illegal gambling operations websites treated under the law?
To Kuik, it's just not enough to sign some mysterious papers, say that you no longer own the site, and then continue to operate as you have always done; if you want to avoid liability, stop doing the activity in question.