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Rewrite of the paragraph about conspicuous warranty disclaimers.

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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?
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Bradley M. Kuhn 2014-03-18 18:48:40 -04:00
parent 618ddec730
commit 2e8178b28d
1 changed files with 6 additions and 6 deletions
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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