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* Users understand a gag-order was issued

Right there? Communication happened.

All these attempts to say "well, I'm not really communicating" are just flopping on the beach. You have information, and because of your action, a third-party now has that information. We'd call that communication any day of the week.



If non-communiticating is taken as actually communicating you are correct. However proving that this is the case in court IMHO is not easy.


Non-communicating would mean never actually having include the clause in the first place. Having it and then abruptly removing it, in this case, is pretty clearly communicating something.

Or, in signal processing terms:

    ______________
                  |______________

    information---^




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