Yeah, he kind of glosses over the most important personal issue here.

http://trace.wisc.edu/peat/

That's a tool you can use which can analyze whether your website could potentially induce epilepsy. If it could, you can either redesign or simply display a warning.

However I found it interesting that there are some people who induce it on themselves by simply waving their fingers in front of their eyes... I don't think a game would have been to blame for someone's death.