Re: Warranty disclaimers with SHOUTY CAPITALS

2008-01-09 Thread Ben Finney
"John Halton" <[EMAIL PROTECTED]> writes: > I have a (slightly old) edition of Rennie's "Computer and Internet > Contracts and Law" (a leading English software precedents > looseleaf), and the notes state as follows in a number of contracts: > > "USA: NOTE: In all States in the USA (except Louisi

Re: Warranty disclaimers with SHOUTY CAPITALS (was: licensing of XMPP specifications)

2008-01-09 Thread Arnoud Engelfriet
John Halton wrote: > "USA: NOTE: In all States in the USA (except Louisiana) all > disclaimers of warranty of merchantability or warranty of fitness for > any particular purpose must be conspicuous and are usually in boldface > or uppercase (capital) print or both." This is based on the US case of

Re: Warranty disclaimers with SHOUTY CAPITALS (was: licensing of XMPP specifications)

2008-01-09 Thread John Halton
On Jan 9, 2008 12:20 AM, Ben Finney <[EMAIL PROTECTED]> wrote: > [...] because no lawyer on Earth knows [why] they aren't in mixed > case and everybody seems to think that everybody else knows and > that he's the only one that doesn't know and he was absent that > day in law school.

Re: Warranty disclaimers with SHOUTY CAPITALS

2008-01-08 Thread Ben Finney
Richard Fontana <[EMAIL PROTECTED]> writes: > Ben Finney wrote: > > This still stands. I'm still entirely unaware of what the legal > > reason [for SHOUTY CAPITALS in disclaimers] is. > > This is explained in the rationale document that accompanied the third > public draft of GPLv3, > http://gplv

Re: Warranty disclaimers with SHOUTY CAPITALS

2008-01-08 Thread Richard Fontana
Ben Finney wrote: > Sadly, checking the released version of GPLv3, I see that the sections > "15. Disclaimer of Warranty." and "16. Limitation of Liability." both > contain all text in SHOUTY CAPITALS. > > That's disappointing :-( I wasn't aware they'd been reverted from > readable text. It must h

Re: Warranty disclaimers with SHOUTY CAPITALS

2008-01-08 Thread Ben Finney
Ben Finney <[EMAIL PROTECTED]> writes: > For what it's worth, the GPLv3 drafters researched the commonly-held > belief that SHOUTY CAPITALS are required for warranty disclaimers, > and concluded there was no such requirement: > > The warranty exclusions that were in GPL2 have not been changed