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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