[mnm1]

I fail to see how the injunction is not a violation of the first amendment right of search engines and ISPs to display any legal content they want--and we are talking about legal content here (links). It is clearly improper under DMCA, but it seems to me such injunctions are simply unconstitutional, DMCA or not. Anyone care to explain the twisted logic of the court here?

[joliv]

First, the Court sees Sci-Hub as essentially hosting the copyrighted materials. From the order in ACS v. Does:

> ...Sci-Hub has copied elements—and, in many cases, the entirety of—those works, and that Sci-Hub has distributed those works by allowing individuals to download the works from its website, all in violation of the Copyright Act.

But to entertain your argument of First Amendment protections, linking to infringing documents is pretty clearly incitement of imminent lawless action as established in Brandenburg.