I'd call them observations; I didn't express any conclusions or propose any experiments. :)
I'd say the design differences reflect less a value judgment about users than a cost/benefit analysis about the relative likelihood of number of lawsuits, unfavorable outcomes, and damage awards. Juries are far more likely to be sympathetic to a poor widdle baby wif a big, bad owie than to some dork who fell over while raiding Zul'Gurub from his parents' basement.
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I'd say the design differences reflect less a value judgment about users than a cost/benefit analysis about the relative likelihood of number of lawsuits, unfavorable outcomes, and damage awards. Juries are far more likely to be sympathetic to a poor widdle baby wif a big, bad owie than to some dork who fell over while raiding Zul'Gurub from his parents' basement.