In my view, several provisions would not comply with a three-step test. In my view, education, as currently drafted, is not a special case. It would affect the market and it would unreasonably prejudice the interests of the authors. The UGC provision as well is not a special case. It applies very extensively. It would undermine the market and it would have unreasonable prejudice.
On December 1st, 2010. See this statement in context.