But in a dissenting opinion one judge argued that "substantial integration" had been achieved.
Many Federal judges argue that a key area of judicial discretion has been stripped from them and handed over to prosecutors.
But the government has argued that judges cannot argue with the standards.
At least one judge has argued that merely linking to infringing content without hosting it is perfectly legal under British law.
The dissenting judges argued that the provisions only constituted a requirement to listen and consult.
"I suppose you just stood there with your hands in your pockets while the attorney and the judge were arguing."
Congress in 1986 outlawed mandatory retirement for many workers, the judges argued.
The judge argued that a potential conflict of interest exists for a lawyer to represent defendants in both cases.
The judges regularly meet in conference to discuss recently argued cases.
The dissenting judges argued that state law could introduce no additional requirement to those in the statute.