From 10244bee1439730c7bda4ef704afb63e49b6635b Mon Sep 17 00:00:00 2001 From: "Bradley M. Kuhn" Date: Thu, 20 Mar 2014 17:38:34 -0400 Subject: [PATCH] Purely formatting changes. --- gpl-lgpl.tex | 10 +++++----- 1 file changed, 5 insertions(+), 5 deletions(-) diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 2a38b4c..1a07c77 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2976,24 +2976,24 @@ One well-established interpretive principle under Magnuson-Moss is that ambiguities are resolved in favor of coverage. That is, in cases where it is not clear whether a product falls under the definition of consumer product, the product will be treated as a consumer product.\footnote{16 -C.F.R.~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54 -U.C.C.~Rep.~Serv.2d 934 (D.~Ore.~2004).} Moreover, for a given product, +CFR~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54 +UCC~Rep.~Serv.2d 934 (D.~Ore.~2004).} Moreover, for a given product, ``normally used'' is understood to refer to the typical use of that type of product, rather than a particular use by a particular buyer. Products that are commonly used for personal as well as commercial purposes are consumer products, even if the person invoking rights is a commercial entity intending to use the product for commercial -purposes.\footnote{16 C.F.R. \S \ 700.1(a). Numerous court decisions +purposes.\footnote{16 CFR \S \ 700.1(a). Numerous court decisions interpreting Magnuson-Moss are in accord; see, e.g., \textit{Stroebner Motors, Inc.~v.~Automobili Lamborghini S.p.A.}, 459 F.~Supp.2d 1028, 1033 (D.~Hawaii 2006).} Even a small amount of ``normal'' personal use is enough to cause an entire product line to be treated as a consumer -product under Magnuson-Moss.\footnote{\textit{Tandy Corp.~v.~Marymac +product under Magnuson-Moss\footnote{\textit{Tandy Corp.~v.~Marymac Industries, Inc.}, 213 U.S.P.Q.~702 (S.D.~Tex.~1981). In this case, the court concluded that TRS-80 microcomputers were consumer products, where such computers were designed and advertised for a variety of users, including small businesses and schools, and had only recently been -promoted for use in the home.} +promoted for use in the home.}. We do not rely solely on the definition of consumer product, however, because in the area of components of dwellings we consider the settled