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"The strict test established by NAACP v. Alabama is necessary because compelled disclosure has the potential for substantially infringing the exercise of First Amendment rights".
However, disclosure provisions are subject to exacting scrutiny analysis "because compelled disclosure has the potential for substantially infringing the exercise of First Amendment rights".
But as they don't publicise their contents (they are like safe deposit boxes for the web), how can it be determined whether they are substantially infringing?
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If there is some copying, courts typically look to whether the allegedly infringing work is "based upon" or "substantially similar to" the original work.
Weadock's testimony and all arguments along these lines were disregarded by the judges, who decided that the "infringing item" "is or appears to be a reasonably informed purchaser to be, identical or substantially equivalent to the infringed item".
Since its filing, though, those tensions have eased substantially, as YouTube has set up an automated system to detect and block infringing videos and has signed revenue-sharing agreements with more than a thousand media companies.
Copyright infringing sometimes?
The bill defines infringing Web sites as those that have "no significant use other than engaging in, enabling, or facilitating" the illegal copying or distribution of copyrighted material in "substantially complete form" — entire movies or songs, not just snippets.
So we are not infringing any copyrights".
Clubs infringing the rules were closed down.
HTC accuses Apple of infringing two patents it owns.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com