, GoddersUK wrote

(personally I find it hard to believe that this shows an intent to infringe rather than just a wilful negligence...)

It is common practice in law to combine the two. Malice and gross negligence are effectively the same. The logic goes that either the person knew and didn't care (i.e. malice) or knew but didn't care (gross negligence).

Also, the unedited interview is here: http://www.bbc.co.uk/news/technology-19425051