I disagree that "performative" and "token" are the opposite of "best effort".

The opposite of "best effort" is clearly "worst effort".

You seem to take offense with the idea that the company is doing "the minimum viable legal requirement" and you insist that "no, by doing what the judge says, it's actually an earnest and good attempt!"

If you actually think a company puts in even 0.1% more effort than a court requires of them, then I think you are very naive. Clearly the company could prevent VPNs from working if they wanted to invest the effort, like Netflix and China do, but they literally can't be bothered if the court doesn't require it.

I consider "minimum viable legal requirement to get past the judge" to be "performative and token" because they do NOT actually care if users access it, they want them too, they are only checking a liability box forced on them by the court and their legal department, doing the literal minimum.

▲

bbarnett 19 hours ago | parent [-]

I'm not taking offense at any mythical company, and am being very specific as to what I am discussing.

As I've said, several times, the court will barely tolerate the minimum, and any form of token or performative, hand-wavy attempts to act as if complying, but not, will be taken poorly by the court.

Performative by its very root, is to put on a show, an act of story telling. This in not even remotely inline with compliance, but instead, pretending to do so, whilst not.

A good example of what I refer to:

https://dictionary.cambridge.org/dictionary/english/token

"something that you do, or a thing that you give someone, that expresses your feelings or intentions, although it might have little practical effect"

The 'little practical effect' is the key point here. A display without actual effect is not complying, even minimally. Courts care not for performances, displays, but instead actual fact.

You seem to have different definitions for these terms, perhaps even less used ones or colloquially derived. However, when one dives into the legal, terms take on a more rigid definition.

I don't see the value of this back and forth beyond my reply here, for there isn't much I can do, or that we can agree upon, if you use terms in ways that really aren't inline with how they will be taken.

And really, if you're simply going to argue that performance and token displays are somehow doing something meaningful, that's just plain incorrect.

	▲	criley2 9 hours ago \| parent [-]
		> something that you do, or a thing that you give someone, that expresses your feelings or intentions, although it might have little practical effect Perfect definition for the geo block, since it's trivial to bypass and billions worldwide use the technology to bypass such a check. Thank you for providing a dictionary definition that perfectly captures how the businesses efforts are "token", since literally billions of humans can bypass it with minimal effort.