I suspect that NCSoft won't be too interested, now that the toothpaste is well and truly out of the tube, in engaging in a never-ending game of Whack-A-Mole to attack every private server that pops up.
Here's the smart play for NCSoft: "Hey, guys, this rise of private CoX servers has made us realize we effed up. Tell you all what; we'll turn our servers back on; you can have all your original characters back with their progress intact. We'll give you a year free, following which we'll ask maybe $9.99 a month to finance a minimal development team so you can have some cool new stuff now and then."
I suspect old CoX fans would go flooding back. Hell, I would.