Re: GPL v3 Draft
On Tue, 17 Jan 2006, Henning Makholm wrote:
> 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.
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
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