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I feel like we're overthinking this. Why not just present the court with renderings that would have been used in all devices in question?

by warent 7y ago

cryptoz 7y ago
I think that's underthinking the issue. It's not just about individual court cases, it's about the dramatic and rapid influence that corporations exert on human-to-human language use. Emoji designs are for-profit investments made by corporations and they are not like normal language. Corporations are making these emoji and people are using them to communicate. The meanings are ambiguous, never taught in school, tied to profit motives of domestic or foreign corporations, and liable to change at a moment's notice without all parties receiving the same change. It's a mess for future of society and communication, and that it's showing up in court cases with confusion already is a leading indicator that the problems will get worse.
dx87 7y ago
It could still raise the question of whether the sender knew how their emoji would be rendered on the receivers screen. Did the sender know that their water gun would get rendered as a real gun, causing the receiver to feel threatened, or did they assume it would also be a water gun to the receiver, giving off a playful vibe.
aaron695 7y ago
> Why not just present the court with renderings that would have been used in all devices in question? How? You'd need a very expensive lab that keeps all phones and apps and records updates at times to work out what looks like when. Assuming you also can forensically see when the owner updates their phone and know the apps they are using and if they jail broke it and what country it's from. Common sense is take a best guess, if both sides can't agree get them to prove/argue their side if they think it matters using experts and let the jury decide. Basically the system we currently have. Transcripts of witness are pretty inaccurate, on top of what they actually said being inaccurate. Been here before.

I feel like we're overthinking this. Why not just present the court with renderings that would have been used in all devices in question?

by warent 7y ago

I feel like we're overthinking this. Why not just present the court with renderings that would have been used in all devices in question?

cryptoz 7y ago

I think that's underthinking the issue. It's not just about individual court cases, it's about the dramatic and rapid influence that corporations exert on human-to-human language use. Emoji designs are for-profit investments made by corporations and they are not like normal language. Corporations are making these emoji and people are using them to communicate. The meanings are ambiguous, never taught in school, tied to profit motives of domestic or foreign corporations, and liable to change at a moment's notice without all parties receiving the same change. It's a mess for future of society and communication, and that it's showing up in court cases with confusion already is a leading indicator that the problems will get worse.

dx87 7y ago

It could still raise the question of whether the sender knew how their emoji would be rendered on the receivers screen. Did the sender know that their water gun would get rendered as a real gun, causing the receiver to feel threatened, or did they assume it would also be a water gun to the receiver, giving off a playful vibe.

aaron695 7y ago

> Why not just present the court with renderings that would have been used in all devices in question? How? You'd need a very expensive lab that keeps all phones and apps and records updates at times to work out what looks like when. Assuming you also can forensically see when the owner updates their phone and know the apps they are using and if they jail broke it and what country it's from. Common sense is take a best guess, if both sides can't agree get them to prove/argue their side if they think it matters using experts and let the jury decide. Basically the system we currently have. Transcripts of witness are pretty inaccurate, on top of what they actually said being inaccurate. Been here before.