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The challenge here is that we are limited to what the browser exposes and frankly, there is no standard to help us detect whether a user is actually using their touch screen. Or, more annoyingly, there's no way to detect a mouse like we can look for touch events (some techniques involve looking for mousemove which I do not feel is usable).

 

So really, this is basically a design issue, limited by browser data. IMO, somewhat unfortunately, what we have now is roughly the best we can have (currently).