[ewillbefull]

> On or about October 25, 2008, VAN DER KOLK uploaded an infringingcopy of a copyrighted motion picture entitled “Taken 2008 DVDRip Repack [A Release LoungeH264 By Micky22].mp4” to Megaupload.com and e-mailed the URL link for the file to another individual.

This is not a fair example. A single staff member's personal use of the service has no bearing over the legitimacy of the service or whether the service has copyright liability. That's not the red-flag knowledge we're looking for.

Businesses that violate copyright -- even on massive scales -- usually resolve it through civil claims. I have little doubt Megaupload was a giant infringement scam, but if we let any vague or inconclusive evidence set a precedent for secondary copyright liability on a _criminal_ level, things could get out of hand.