On Tue, 17 Jan 2006, Henning Makholm wrote: > Scripsit Don Armstrong <[EMAIL PROTECTED]> > > | 16.[11] There is no warranty for the Program, to the extent permitted by > | applicable law. Except when otherwise stated in writing the copyright > | holders and/or other parties provide the Program "as is" without warranty > | of any kind, either expressed or implied, including, but not limited to, > | the implied warranties of merchantability and fitness for a particular > | purpose. The entire risk as to the quality and performance of the Program > | is with you. Should the Program prove defective, you assume the cost of > | all necessary servicing, repair or correction. > > I WONDER WHAT HAPPENED TO THE LEGAL THEORY THAT WARRANTY DISCLAIMERS > ARE VALID ONLY IF THEY ARE PRESENTED WITH A STYLE OF TYPOGRAPHY THAT > MAKES IT ESPECIALLY UNLIKELY THAT ANY USER WILL EVER FEEL INCLINED TO > TRY TO READ THEM CAREFULLY, SUCH AS BY USING ALL-UPPERCASE LETTERS TO > MAKE THEM EFFECTIVELY UNREADABLE. PERHAPS THE PRESENCE OF LOWERCASE > LETTERS IN THIS PARAGRAPH IS JUST AN EDITING MISTAKE? SURELY IT CANNOT > BE MEANT TO READ THAT WAY IN THE FINAL LICENSE.
Eben had a really humorous explanation, which I will attempt to paraphrase from my (impressively imperfect) memory: No lawyer knows exactly why we have been shouting at eachother for the past 50(?) years; but since everyone is shouting, everyone thought there must be some reason. I've decided to take take the initiative and return to mixed case, ending the endless shouting match. [He said it yesterday in the first session when he went through the rationale towards the end before questions; when people can actually watch it someone will hopefully correct me. ;-)] Don Armstrong -- Cheop's Law: Nothing ever gets built on schedule or within budget. -- Robert Heinlein _Time Enough For Love_ p242 http://www.donarmstrong.com http://rzlab.ucr.edu -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
