Does anyone know if all Megaupload content was defaulted to being publicly available? This seems to me the most obvious signal for suspicious behavior. I'm aware that with Dropbox, you can publicly post things, but in this case it's the individual user which is "choosing" to distribute the content and thus it would make sense that the user would be the one held liable. I'm not a lawyer, just exploring what might appear to clarify some of the distinctions that might help prevent abuse of anti-piracy laws.
Edit: Youtube, as a counter example, (I think) makes everything public by default, but they enforce the DMCA pretty heavily.
once you uploaded something you got a link with a unique ID which you could share. Other people could not access your file without knowledge of this unique link as you could not search for specific files (unlike Youtube). As far as I know there was also a list of Top Downloaded files but those didn't resemble the truth as they were carefully selected by Megaupload (to make sure that only legal content would be listed)
Edit: Youtube, as a counter example, (I think) makes everything public by default, but they enforce the DMCA pretty heavily.