Copyleft/guide Changeset - 2e8178b28d2e

Changeset - 2e8178b28d2e

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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-18 22:48:40
bkuhn@ebb.org

Rewrite of the paragraph about conspicuous warranty disclaimers.

I went looking for that case that Dan mentioned to me when I wrote that, but
couldn't find it. He never told me what it was, so I don't think I should
reference it. If we haven't found it in 10 years, maybe it doesn't exist?

1 file changed with 6 insertions and 6 deletions:

gpl-lgpl.tex

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gpl-lgpl.tex

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@@ ... / @@ -2097,12 +2097,12 @@ copyright licenses. @@
 \section{GPLv2~\S11: No Warranty}
 \label{GPLv2s11}
 All warranty disclaimer language tends to be shouted in all capital
 letters. Apparently, there was once a case where the disclaimer language
 of an agreement was negated because it was not ``conspicuous'' to one of
 the parties. Therefore, to make such language ``conspicuous,'' people
 started placing it in bold or capitalizing the entire text. It now seems
 to be voodoo tradition of warranty disclaimer writing.
 Most warranty disclaimer language shout at you.  The
 \href{http://www.law.cornell.edu/ucc/2/2-316}{Uniform Commercial
   Code~\S2-316} requires that disclaimers of warranty be ``conspicuous''.
 There is apparently general acceptance that \textsc{all caps} is the
 preferred way to make something conspicuous, and that has over decades worked
 its way into the voodoo tradition of warranty disclaimer writing.
 Some have argued the GPL is unenforceable in some jurisdictions because
 its disclaimer of warranties is impermissibly broad. However, GPLv2~\S11

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