Steve Green wrote:
It actually reads fine with a screen reader
The legend just appears to be another paragraph and the user is totally unaware 
of the inappropriate use of the fieldset elements.

It would obviously be better to use header elements
So there is a difference for screen readers. Screen readers treat headers differently; they allow the user to navigate the page via headers.
 but it's actually not that bad. In fact I can't think of any problems it would 
cause for any user group or user agent.
Besides the problem I already stated, there's a loss of semantic value. Search enginges also treat headers differently by giving them more wieght.
At least it doesn't add a load of verbiage like some nasty coding methods. I
came across a site where they wanted to indent alternate paragraphs by about
100 pixels so they put those paragraphs inside three nested blockquotes.
That resulted in JAWS reading "blockquote blockquote blockquote blah blah
blah blah blockquote end blockquote end blockquote end". Now that is nasty.

Just because it's not as bad as some other garbage doesn't make it good; it's still very bad. While I'm sure most people would agree that two broken legs is worse then one broken leg, I don't know of anyone to eager to have even one leg broken. (If you think that analogy is bad, you should hear some of the ones I decided not to use!)



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