A Lot Less Guilty Than You Think ⇥

Jennifer Granick, writing for the Center for Internet and Society at the Stanford Law School, regarding the allegations against Megaupload:

But from a criminal law perspective, the important question is did Defendants believe they were covered by the [DMCA] Safe Harbor? This is because criminal infringement requires a showing of willfulness. The view of the majority of Federal Courts is that “willfulness” means a desire to violate a known legal duty, not merely the will to make copies.

An interesting perspective from a legal standpoint. This comes in the wake of a report that the case against Megaupload might not be successful for the prosecution, and will therefore set a precedent for similar sites.