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kitler53 said:

diseptive - maybe.  false - certainly not. 

MS makes no claims in the commerial that finger movements actually do anything and as long as you can make the required input movements while moving your fingers MS didn't do anything legally wrong in that commerial. 

honestly, i think you are looking for faults a bit too hard.


"means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Wilson, Lee. "The Advertising Law Guide: A Friendly Desktop Reference for Advertising Professionals."

 

If an advert is misleading or deceptive, it can count as false advertising even if it is not actually false, as such. 

 

P.S. I don't make any claims about the technical capabilities of kinect, I am completely unaware whether or not it is capable of detecting such motions, I am assuming that it can't, because if it can, then this thread has no point. If you know that it does, feel free to send me a video demonstrating this, but be polite

 

P.S.S. I do not actually own said book, I am not that sad...