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Integrate case law reference on conspicuousness into this existing text.

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Include my lawyer-bashing-ish little anecdote too, just for fun.
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Bradley M. Kuhn 2014-03-20 08:17:19 -04:00
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gpl-lgpl.tex
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@ -2149,14 +2149,22 @@ There is apparently general acceptance that \textsc{all caps} is the
preferred way to make something conspicuous, and that has over decades worked preferred way to make something conspicuous, and that has over decades worked
its way into the voodoo tradition of warranty disclaimer writing. its way into the voodoo tradition of warranty disclaimer writing.
% FIXME: Admittedly, goes here ? That said, there is admittedly some authority under USA law suggesting that
effective warranty disclaimers that conspicuousness can be established by
There is authority under United States law suggesting that effective warranty capitalization and is absent when a disclaimer has the same typeface as the
disclaimers must be ``conspicuous,'' and that conspicuousness can be terms surrounding it (see \textit{Stevenson v.~TRW, Inc.}, 987 F.2d 288, 296
established by capitalization and is absent when a disclaimer has the same (5th Cir.~1993)). While GPLv3's drafters doubted that such authority would
typeface as the terms surrounding it (see \textit{Stevenson v.~TRW, Inc.}, apply to copyright licenses like the GPL, the FSF has nevertheless left
987 F.2d 288, 296 (5th Cir.~1993)). We have reason to doubt that such warranty and related disclaimers in \textsc{all caps} throughout all versions
authority would apply to copyright licenses like the GPL. 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}.}.
Some have argued the GPL is unenforceable in some jurisdictions because Some have argued the GPL is unenforceable in some jurisdictions because
its disclaimer of warranties is impermissibly broad. However, GPLv2~\S11 its disclaimer of warranties is impermissibly broad. However, GPLv2~\S11