>were evenly distributed across races, then that's no big deal?... These are the perverse incentives when the standard is "equal treatment under the law", or "

>were evenly distributed across races, then that's no big deal?... These are the perverse incentives when the standard is "equal treatment under the law", or "equal protection under the law". If they can find some way to treat everyone in a crappy fashion, the law doesn't have a problem with that. The successful class actions tend to come only when it can be shown that you are only treating some people crappy. That would be fairly easy to show in this case. Simply have random whites and blacks stand in front of a camera running MS software and compare the accuracy rates. (Come to think of it, a demo like that would be pretty powerful in a courtroom too. Maybe there is more to this than just PR MS is worried about?) EDIT: I just realized how bad that sounded. To be clear, I'm not saying we should treat some people unfairly. I'm saying the law doesn't care whether we treat people fairly or unfairly, so long as they all get treated the same. I was positing that maybe it would be better if we could try to make the law incentivize treating everyone fairly.