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Re: License review request

Arnoud Engelfriet wrote:

> Sean Kellogg wrote:
>> Just a quick chirp from a d-l lurker with a JD that the above is a pretty
>> common concept in consumer protection type laws and, as referenced, the
>> UCC.
> Thanks for your input.
>> I did some focus group research for Microsoft a few years back where
>> they were experimenting with converting their licenses to regular
>> text and using boxes for "conspicuous" text.  I, and the research
>> group, felt they were pretty effective.
> Did you check with the Legal group? I've seen lots of common-senes
> solutions to this type of legal issue, and somehow it is very hard
> to get beyond the "but everyone's been doing it for 20+ years".

Probably you'd have to have a court case proving that all-caps does not make
for conspicuous.  :-(

> I once tried something like: "This program is WITHOUT ANY WARRANTY
> and is provided AS-IS, with ALL LIABILITY to be assumed BY YOU."
> The other side's lawyer just put it in all caps "because you're
> not supposed to have lowercase in disclaimers". Well, that at
> least takes care of their "all caps is unreadable" argument.

Yeah, actually your version is much more conspicuous, using the ordinary
meaning of the word, than the unreadable all-caps version.  :-/

Huge all-caps hunks make my eyes slide right over; it looks sort of like bad
ASCII art.

> Arnoud

Nathanael Nerode  <neroden@fastmail.fm>

Bush admitted to violating FISA and said he was proud of it.
So why isn't he in prison yet?...

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