Willfull Infringement

Does anyone know what evidence must be gathered to prove willful infringement when posting torrents/download links to copyrighted material?

Depending on the site I see online, the answer seems to vary from "if they publicly posted it, they're willfully infringing" to "they have to be making money/getting something out of it". I would really like clarification on this.

Also, what is the legal right (if any) for the copyright holder to request a service provider to allow them into a closed forum to confirm a link posted there is infringing?
IE: if there is a yahoo group, or a posting forum that is closed to viewing from the general public, but advertises postings of download links for copyrighted materials (books, dvds, videos) for group members, can the copyright holder whose work is advertised as being posted within this locked forum require the service provider to allow access to confirm whether the post is infringing or file a proper DMCA notice?

Generally, one looks to evidence of lack of attribution when building a willful infringement case. In other words, the absence of giving credit for the work. I would not agree with a blanket statement that posting material publicly automatically equates to willful infringement. Rather, there are some permissible purposes/uses (i.e. scholarly works, etc). This is such a specialized area of the law, so my best recommendation would be to confer with an intellectual property attorney. You could get some referral information by going to the WLD main page and contacting them. AJJ