Integrate case law reference on conspicuousness into this existing text.
Include my lawyer-bashing-ish little anecdote too, just for fun.
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gpl-lgpl.tex
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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
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preferred way to make something conspicuous, and that has over decades worked
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its way into the voodoo tradition of warranty disclaimer writing.
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% FIXME: Admittedly, goes here ?
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There is authority under United States law suggesting that effective warranty
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disclaimers must be ``conspicuous,'' and that conspicuousness can be
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established by capitalization and is absent when a disclaimer has the same
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typeface as the terms surrounding it (see \textit{Stevenson v.~TRW, Inc.},
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987 F.2d 288, 296 (5th Cir.~1993)). We have reason to doubt that such
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authority would apply to copyright licenses like the GPL.
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That said, there is admittedly some authority under USA law suggesting that
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effective warranty disclaimers that conspicuousness can be established by
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capitalization and is absent when a disclaimer has the same typeface as the
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terms surrounding it (see \textit{Stevenson v.~TRW, Inc.}, 987 F.2d 288, 296
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(5th Cir.~1993)). While GPLv3's drafters doubted that such authority would
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apply to copyright licenses like the GPL, the FSF has nevertheless left
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warranty and related disclaimers in \textsc{all caps} throughout all versions
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of GPL\@\footnote{\textsc{One of the authors of this tutorial, Bradley
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M.~Kuhn, has often suggested that as compromise, use of a specifically
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designed ``small caps'' font, such as the one used herein, is
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aesthetically preferable to merely} WRITING IN ALL CAPS IN THE DEFAULT
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FONT (LIKE THIS), WHICH SEEMS TO ADD UGLINESS RATHER THAN
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CONSPICUOUSNESS\@. Indeed, Kuhn once got into a reversion war in a
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document with a lawyer who disagreed with this, but the lawyer in question
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ignored Kuhn's requests to produce any case law that argued THIS IS MORE
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CONSPICUOUS \textit{Than this is}.}.
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Some have argued the GPL is unenforceable in some jurisdictions because
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its disclaimer of warranties is impermissibly broad. However, GPLv2~\S11
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