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johannes1234321 | 16 days ago

> The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes". They point to certain features they'd like them to change, but there is no specific ruling around what you can/can't do.

The issue is: If you do a precise wording of what you don't want a lawyer will go through it wird by word and the company finds a way to build something which violated the spirit, but not the exact wording. By being more generic in the wording they can reach such cases and future development with very little oversight for later corrections and courts can interpret the intention and current state of art.

There are areas where law has to be precise (calculation of tax, criteria for criminal offenses, permissions for authorities, ...), but in many cases good laws are just as precise as needed and as flexible as possible.

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piva00|15 days ago

I think it's a general misunderstanding of Americans about other law systems, the American way of codifying laws leaves a lot of loopholes (intentionally or unintentionally) due to it being a game to be played, the spirit of the law is second to the letter of the law. They expect precise and well-defined constraints in the letter of the law.

Most European countries, and the EU as a legislative body, work with the premise of the spirit of the law. It is less precise and requires real world judgment to determine its boundaries but it can be much harder to side-step with technicalities and "gotchas" using loopholes in the letter of the law.

It's just a different system, in my opinion it's less exploitable even though it's riskier. I prefer the spirit of the law to be defended instead of a whole system of gaming technicalities, really don't like the whole vibe of playing Munchkin the USA has in its legal system. Makes some good legal drama though.