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Try again next time. Or don't, I actually would rather you retire your "not actually a law degree".
Then there's a matter of what is considered 'Gameplay' technically anything capture while the game is running is gameplay. Cinematic cutscenes, QTE sequences. Etc.
Personally what I consider is unedited continuous gameplay footage. and screen shots. If I don't see a HUD. I don't count it as real.
I'm afraid you're missing the point wholesale.
(Probably intentionally, come to think of it - given your tone.)
So let me clarify
Your point was that no one in the current day and age has any valid reason anymore to be "confused" by cinematic trailers, because they've been around for 4 decades. I.e. because they are to be considered common-place and the people have common awareness of the practice.
My counter-argument: If cinematic trailers are so common place that the use of one should no longer be able to lead to confusion; then why are legal disclaimer still required on them? Laws regarding false advertising almost universally allow for embellishment of the truth within reason, i.e. within what consumers should reasonably be allowed to expect.
Let's assume you are correct: the practice has common awareness. Then as a consequence, it would not be false advertising to use such trailers without a disclaimer. Yet the disclaimers remain there. Why then, if not because they are still required? Because not everyone can be deemed to have common awareness of the practice of 'cinematic' aka doctored trailers?
If your argument would be true, it would lead to a logical contradiction.
Unless there are other reasons for those disclaimers to remain in place.
https://steamcommunity.com/groups/steamworks/announcements/detail/5358762517221792489