When you're against conglomerates like Comcast, Time Warner, etc., whose interest heavily leans toward draconian copyright enforcement, and who not only control the pipes but also have purchased most of Congress, any filesharing protocol is going to be an arms race just as BitTorrent has been. BitTorrent has easily won and been very successful, and a "harder-to-kill" protocol might end up that way too and give a bit more resilience, but if we want things like this to really stop, we have to fix it at a social level.
Yes laws need to change, but it's also good to have a backup and redundant system. After all if the laws can change for the better, they could change for the worse later.