Even if we use cookies for basic sessions (absolutely no personal tracking, just session ID) - Isn't it mandatory to show "Cookie bar" on the said site?
The operative phrase in that last one is "for logged‑in members", because in that case the cookies fall under the earlier
provider of an information society service explicitly required by the user to provide that service.
For a user logged-in to a social network, the user clearly consents to the social network providing a service. Note that it is not allowed if the user is not logged in to the social network.
Laws operate differently than code. If nobody actually associates session info with anything outside the application then that's enough, if you do then it's a problem.
Think of it as a 3rd dimension of what's going on where you can retroactively change what you did to something else. http://ansuz.sooke.bc.ca/entry/23
That is a really good writeup - and one of the reasons I'm sceptical of "code as law" until code can sucessfully model concepts like intent, origin or that articles' "color" that fundamentally rely on human - and often subjective - understanding.
(Though I'd argue that "color" still doesn't meet the core of the copyright problem. E.g., if you drew your own Micky Mouse sketch and published it, you'd probably still get in trouble for copyright violation, even though you never actually copied any material from Disney.
In that case the criteria seems that some humans (the lawyers and judges) believe some other humans (the general public) will reliably associate your drawing with their own concept of Micky Mouse...)
