>Is the continued existence of Mega the equivalent of such a case study?
The infrastructure might be similar, but the packaged product is different.
"Pay us and you can upload your files and access them anywhere / share them" vs. "Upload files that other strangers will be interested in so much that they will pay for access".
Also, unless I'm wrong Megaupload was indexed and searchable. While to access a Mega file one needs a direct link and these are usually not posted around on the public web. At least I don't see them that much.
Although I believe you that a record of communication proving intent is the most damning part in the eye of the law.
The infrastructure might be similar, but the packaged product is different.
"Pay us and you can upload your files and access them anywhere / share them" vs. "Upload files that other strangers will be interested in so much that they will pay for access".
Also, unless I'm wrong Megaupload was indexed and searchable. While to access a Mega file one needs a direct link and these are usually not posted around on the public web. At least I don't see them that much.
Although I believe you that a record of communication proving intent is the most damning part in the eye of the law.