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Finally, this is starting to get more attention from lawyers who are not directly involved.

I have a very good vocabulary, but I had to look up scienter, so here it is for those less inclined to sesquipedalianism;
It is intent or knowledge of wrongdoing. Basically, willful knowledge that what you are doing is against the law and that you are party to it.
http://en.wikipedia.org/wiki/Scienter
We've written plenty about the problems with the government's case against Megaupload, but it's still interesting to see law professor Eric Goldman's rather brutal assessment of the government's case, suggesting that it's clearly a case of abuse by the government: The resulting prosecution is a depressing display of abuse of government authority. It’s hard to comprehensively catalog all of the lawless aspects of the US government’s prosecution o...
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