As far as real ambiguities are introduced, the loss of capitalization on the first letter introduces far more, impressionistically speaking, and they might be legally subtle
Though, to partially correct myself, /this/ is an issue for English, but not really for German.

But I have to ask one more thing:
Since the latter is expected to be rare, I personally would be comfortable with making a code point for it, so that fonts like this, which are actually used, can be mapped to Unicode w/o forcing people into weird fallbacks over a rare character.
Why would that be so? I thought your normal way of doing things is require attestation of a particular usage. If a character is more frequent, it's more likely we're convinced of its being used in a particular way.

Stephan

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