That said, there is admittedly some authority under USA law suggesting that

effective warranty disclaimers that conspicuousness can be established by

capitalization and is absent when a disclaimer has the same typeface as the

terms surrounding it (see \textit{Stevenson v.~TRW, Inc.}, 987 F.2d 288, 296

(5th Cir.~1993)).  While GPLv3's drafters doubted that such authority would

apply to copyright licenses like the GPL, the FSF has nevertheless left

warranty and related disclaimers in \textsc{all caps} throughout all versions

of GPL\@\footnote{\textsc{One of the authors of this tutorial, Bradley

    M.~Kuhn, has often suggested that as compromise, use of a specifically

    designed ``small caps'' font, such as the one used herein, is

    aesthetically preferable to merely} WRITING IN ALL CAPS IN THE DEFAULT

  FONT (LIKE THIS), WHICH SEEMS TO ADD UGLINESS RATHER THAN

  CONSPICUOUSNESS\@.  Indeed, Kuhn once got into a reversion war in a

  document with a lawyer who disagreed with this, but the lawyer in question

  ignored Kuhn's requests to produce any case law that argued THIS IS MORE

  CONSPICUOUS \textit{Than this is}.}.