Doesn't it seem like TF could simply create their own Repo, build it and start developing on it and see what comes out of the woodwork? Seems like its pretty easy to bait these mysterious forces.
Yes, I was also wondering if FSF or someone like that could take the project themselves. Let's see who comes knocking. It wouldn't be the first time FSF "facilitated piracy" by building tools like that (see GnuNet, Mediagoblin, etc), so I doubt they would be too afraid to try it.
You're overestimating TorrentFreak's commitment to investigative journalism.