An interesting point. And in the case of using Google as a search engine, the search query essentially indicates intent. If I search Google for "pirated movies" and some links to web sites to help me get those are returned... then is Google complicit in my attempt to pirate movies? My intent is clearly to pirate movies, I am explicitly telling Google that that is my intent, and they're responding with helpful information...

(not to imply I think what these judges are considering to be good, just some food for thought.)

> in the case of using Google as a search engine, the search query essentially indicates intent. If I search Google for "pirated movies" [...] My intent is clearly to pirate movies,

I dunno, I think there are plenty of legitimate reasons to search Google for "pirated movies" other than pirating them. Maybe you want to find out whether your movie is being pirated; maybe you want to find out which movies are most pirated right now (you're doing research, or you're a journalist, or you're a sociologist, or an investor, or a police officer, or whatever); maybe you want to learn more about the law of "pirated movies"; maybe you're looking for an old blog post or newspaper article that you know contained the term, or was about, "pirated movies"; etc, etc.

In general, I think it's extremely difficult to demonstrate anything about intent or state of mind from search queries alone... you would have to provide more contextual evidence.