I read through a lot of the list and several things struck me. Overall, I see the list as lending a lot of credibility to Johansen's case. I don't see it casting doubt as to this.
Overall, I think the livid-dev mailing list shows Johansen was trying to contribute to Linux (and FreeBSD) and shared code with Derek Fawcus as a liason to bring this about. He clearly believed _before_ he was arrested that his actions were consistent with the DMCA and measured them carefully.