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It's not accurate to say that the Tracker is what hosts the torrent file. The Tracker acts like a traffic cop, hooking up individual BitTorrent clients machines with each other to exchange fragments of the files.
For me, the question of actual legality isn't nearly as important as the appearance of legality. I don't want to do anything that would have the feds interested in even investigating me. If you don't mind them checking you out--and running the risk that you'll have to prove your own innocence--then let 'er rip.
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