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Re: UC license and debian




"Bill Allombert" <ballombe@master.debian.org> wrote in message 20060517214706.GA8968@master.debian.org">news:20060517214706.GA8968@master.debian.org...

>  Notes: (1)Insert the first year the software was made available to the
  public as well as any subsequent years in which a modified version is
  made available. The last two paragraphs must be in capital letters to
  comply with the Uniform Commercial Code.

Ah finally a bit of fun: a claim that warranty disclaimers must be in
capital letters. Eben Moglen disagree...

Eben Moglen is correct.

UCC 2A-124.2:
Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention "merchantability", be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will
be fit for a particular purpose".

Quite simply the disclamer must be in writing and be conspicuous. Conspicuous is the key word there. It was propably intended to mean that it cannot be hidden in fine print. Regardless, an all caps header preceding it saying something like "WARRANTY DISCLAMER:" certainly would make the notice conspicuous.



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