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