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Eben was absent that day in law school


From: Alexander Terekhov
Subject: Eben was absent that day in law school
Date: Thu, 16 Feb 2006 20:32:06 +0100

http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html#em-warranty

-----
The warranty exclusions that were in GPL2 have not been changed saving
one way: I took them out of all uppercase.

[laughter]

I've wanted to do that for a very long time. I've wanted to do that for 
a very long time because no lawyer on Earth knows what they aren't in
mixed case and everybody seems to think that everybody else knows and 
that he's the only one that doesn't know and he was absent that day in 
law school.

Sometimes, you just gotta do what you gotta do.
-----

United States Court of Appeals, Fifth Circuit:

"Uniform Commercial Code ยง 2-316(2), which requires that any
exclusion or modification of the implied warranty of merchantability
be conspicuous, and that any exclusion or modification of the implied
warranty of fitness for a particular purpose be made in a conspicuous
writing. A contract's warranty disclaimer satisfies the conspicuous
requirement when it is printed in all capital letters, when it appears
in a larger type than the terms around it, or when it is in a larger
and boldface type. Likewise, a disclaimer in boldface type, printed in
all capitals on the face of the warranty above the buyer's signature
meets the definition of conspicuousness. A disclaimer is not [*25]
conspicuous, however, when it is printed in small print on the back of
the document, when it is the same size and typeface as the terms
around it, or when it is not in boldface or capital lettering."

But we all know that the GPL is a license-not-a-contract, and so UCC
and related case law simply doesn't apply.

regards,
alexander.


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