@Nine Circles RE ".............from the perspective of an informed user."
Interesting that the advice to judges from the Court of Justice of the European Union is framed in that way. It is also interesting that implicit in that advice is the acknowledgement that judgements delivered in the absence of such a perspective are delivering it from a lowest common denominator consumer point of view. By that I mean that if it is possible that a significant number of The Transcendent Order of the Ignorati might be fooled then it is accepted (currently in the US at any rate) that the defendant is in breach. It does of course offer an amusing picture of a fantasy courtroom somewhere in the US (or in Germany given some of the judgements that have been handed down there) where Apple lawyers are questioning prospective jurors (if juries were used in such cases - I said it was a fantasy courtroom :P) "do you have difficulty tying you own shoelaces without a diagram? No? Rejected, next candidate!"