3 ms·
So... appellate reasoning is even more likely to be founded on spirit arguments and not loopholes or context-free text readings. "Intent of the framers" is, ob
by ajross 3y ago
So... appellate reasoning is even more likely to be founded on spirit arguments and not loopholes or context-free text readings. "Intent of the framers" is, obviously, very much an argument about spirit and not text. As always, there's a good wikipedia page to start from when discussing this stuff: https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law
But in this particular case it's sort of a silly argument anyway as it cuts better in the opposite direction: the DMA is a big and complicated law and can be interpreted in a zillion ways. If courts and regulators are allowed to read laws as strictly as they want, I can all but guarantee that Apple is in violation of something.