TPB chose the types of ads they are willing to display. I consider spyware and malware the exact same thing. TPB isn't a victim of the ad networks. They hired them to put up those misleading spyware and malware ads.
Well, it's TPB. They might not have had much of a choice about what ad networks they were allowed to participate in. I mean, if you're running an ad network, you need to appear respectable to get respectable clients. In that case, running ads on a torrent site is the exact opposite of what you want to do.
Most companies are not going to want to be associated with TPB, so most ad networks are not going to want to assocaite with TPB. So, the bottom of the barrel, scummiest ad networks are going to be what it would have to use to keep the lights on.