Now is a 33 month prison sentence fair for gross stupidity?
Fair? Put fair aside a moment. What will the result of putting him in prison be? Will it improve society in any way? Odds are sharply against it.
Who said prison sentences are supposed to improve society? Yeah, it'd be great if somehow they did. But the reality is in most cases it's to deter or prevent some action from occurring again. That action may be something affecting society as a whole, or could be as specific as an individual.
For example, let's say some otherwise rational guy has some personal grudge or vendetta against ME and ME alone. Every night he comes and breaks out one of my windows. Police catch him and give him a warning. Next night the police catch him breaking another one of my windows. Why shouldn't he get some jail time for that? It's not affecting society as a whole, just me.
Now, do I like the MPAA/RIAA or the laws supporting their failing business models? Nope. But when somebody like this Philip Danks is caught and warned that he needs to stop doing what he's doing, and he flagrantly ignores such warnings . . . then I suppose those groups have a right to expect the laws to be more strongly enforced (regardless of how I feel about the groups or the laws)