He pointed out that criminal copyright infringement requires that willful infringement has taken place, and that taking Megaupload offline had produced the "deeply unconstitutional effect" of denying legitimate users access to their data.[8] Other legal commentators have expressed more skepticism toward Megaupload's likelihood of defending against charges of aiding and abetting copyright infringement on "willfulness" grounds if the allegations of fact in the indictment turn out to be true.[9]