Re: GPL v3 Draft

[Henning Makholm <henning@makholm.net>]

Scripsit Don Armstrong <don@donarmstrong.com>

| 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.

-- 
Henning Makholm            "But I am a Sunni Muslim," the bemused Arab said.