* Not that they own TPB (the Swedish IRS have even concluded that they do not.)
* Not that TPB are making any money. While they must have some revenue (from banner clicks), it is not at all certain that it exceeds the costs of running the website.
It's possible for both claims to be true, but it's not proven. I, for one, do not wish people who haven't been proven guilty to go to jail. I certainly don't think that your hunch that they probably do own it should suffice.
As a bonus, keep in mind that the crime they're charged with is is something as flimsy as "aiding" unspecified crimes against copyright — that's right, the copyright crimes that they are supposed to have aided are unspecified, and nobody has been accused of committing those.