As much as I'd like torrents to be more tolerated, there is a difference in that the torrent sites contain the .torrent files which contains all the necessary info to download files. ie, They're supplying more than just a link.
Example is btdigg which exclusively crawls and indexes magnet links from the DHT
I can give you what you need just by telling you to torrent f09c8d0884590088f4004e010a928f8b6178c2fd
That's even less than a hyperlink. It would be absolutely ridiculous to say that I'm publishing the torrent.
If sharing .torrent file is illegal, then so is the magnet. The court doesn’t care about “Um technically there is a DHT in the middle here”.
Personally I don't see that as being materially different to a magnet link.
The only difference is the DHT is acting like a kind of super-tracker.