My apologies for my ambiguity. I could have been far clearer about what I was trying to say, and my motivations for having said it.
I see both parts of the discussion are among the older members of HN, glad to see they're setting a good example :)
I wouldn't call this a mistake. It is a very accurate heuristic not just in this particular case but in online discussions in general. There will be errors, but deploying a heuristic instead of a perfect algorithm makes great sense when dealing with the internet. Less acceptable for something like a scientific paper.
I'd say actually reading may be a better approach rather than to use an heuristic.
Perhaps you should read what I wrote then, because what I wrote was about a heuristic to identify intentions based on what was read. Would you suggest that in face to face discussions body language should ignored when it disagrees with what a person says?
I never stated an opinion either way on whether this was a bad lawsuit. My statement was that it was a lawsuit launched without the cooperation of the company. Which is definitely true in that case.
That said I did need to check my facts because I called it a class action lawsuit when it wasn't. But that issue is completely unrelated to anything that you said.