Do you have any links or evidence which backs up this claim? And why, even if he were to ask someone to upload a file to MegaUpload, would it be just for the site to be taken down without any sort of trial?
http://www.youtube.com/watch?v=ZedZ2Vw7Fqk http://www.youtube.com/watch?v=2g1xIub8wNA http://www.youtube.com/watch?v=6p3wUeraIDw
And I am not justifying what the FBI did to him. I am saying that he might be liable if he asked people for pirated content and then hosted it for others to download.
To the best of my knowledge many sites like Youtube actually go beyond the DMCA in trying to empower media companies to manage there content.