I realise that incitement is illegal in the UK, but it is America that is pushing for the extradition. I would also argue that a website is in full view of the public (especially with the amount of sharing that occurs).
But like I said in my original response, it doesn't matter whether or not it is copyright infringement or theft, as in the analogy we are discussing the actions of TV Shack not the actual hosting of the material.
What I mean is, this isn't a discussion about whether copyright infringement is illegal, but instead whether linking is illegal, and I think the two crimes presented are comparable enough (although definitely not the same), for the difference to be easily overlooked for the sake of getting across a message.