From 2e8178b28d2e9aae2c23139f03708c013aa1ae39 Mon Sep 17 00:00:00 2001 From: "Bradley M. Kuhn" Date: Tue, 18 Mar 2014 18:48:40 -0400 Subject: [PATCH] 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? --- gpl-lgpl.tex | 12 ++++++------ 1 file changed, 6 insertions(+), 6 deletions(-) diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index e797b67..a2d4e23 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -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