Unless you have proof Megaupload was the one actively reproducing content without express written consent, AND a jury of 12 citizens say so...yes.
Guilt is a legal term. They've only been charged, not convicted. Wordplay aside, I don't think they were committing piracy, but allowing piracy.
Point taken...I should have clarified. I didn't mean courtroom/legally guilty, I meant actual guilty, which is a completely separate thing. I don't know if I see much difference between being a pirate and being an willing accessory to pirating though. If they knowingly allowed the pirated content to be distributed through their servers, etc, whether they were the ones that actually created the pirated material or not is irrelevant. The original incarnation of Napster didn't actively reproduce pirated content either...look at how well that defense worked for them...