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Most states use a form of common law, which is completely based on what is common practice and what is common sense. Or at least was in England hundreds of years ago...


That does not mean we ask Joe Blogs what his common sense tells him about highly technical subjects, whether that's effects of sniffing glue, bank interest accrual or image upscaling algorythms


True. And the case of what upscaling does is technically truly interesting and nuanced... but that doesn't mean that people don't have a sense of what zooming in does to an image, CSI "zoom and enhance" be willfully ignored.


They may have a sense of it, and it's not at all clear whether the sense they have of what will happen matches reality.

Which is why both sides can ask the other side to substantiate their claims or provide expert testimony to justify their claims. If there is no issue, then the other side will be able to relatively easily find someone to testify to that or provide other evidence.

It's how the system is meant to work. If this is being used abusively, the judge will catch on soon enough.




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