We have a 21st century distribution model tied to a mid-20th century legal framework and business model. It's hard to say what is fair in every case. What I feel is not fair is throwing the book at all of these site owners, especially when the laws are written in the U.S. but are somehow stretched to where they apply to people who never set foot there.
In 5-10 years, they could still be in jail while technology remakes itself to the point where either distribution and payment has finally started working gain, or torrenting has gotten to the point where it's nearly impossible to trace the activity to any one person. Neither option seems unlikely, and punishing people now for something that doesn't hurt anyone too much does not seem like it's worth it.