I often see this kind of comment on hn. I'm not sure if I'm suffering from confirmation bias, but I do think it's possible that a large proportion of people here think that laws should work like code. What happened is the input, some calculation happens, and the judgment is the output.
But that's not how laws work. In this case, a judge would set some standards, like "would a reasonable person be confused by this", and would rule based on that. It won't matter overly much what the author thinks "anyone could see," but it's also not an entirely objective process with code-like rules. That's just not how most laws work.
That would be nice, and what I woudl expect from judges. But from what I experienced and from what I've seen, real nuanced judgement happens rarely. Most often judges simply lean on technicality, they act like machines, and this is why laws are gamed. People companies who violate certain regulations always comply to the letter, but never to the spirit, and yet they often get a pass or a pocket change fine, why do you think that is?
But that's not how laws work. In this case, a judge would set some standards, like "would a reasonable person be confused by this", and would rule based on that. It won't matter overly much what the author thinks "anyone could see," but it's also not an entirely objective process with code-like rules. That's just not how most laws work.