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Replying to
The finder pattern and error correction bits mean you can deviate a lot from the standard squares. It works best if you don't do that but low density QR codes are so quick/easy/reliable to scan even with mediocre implementations that you can get away with a lot of evil.
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Replying to and
It's not nearly as bad as some companies deciding to deviate from using black/white. The particularly evil ones combine that with inverting the colors for no apparent reason along with overlaying their logo on top of it. Good QR scanners already cope with far worse than circles.
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