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 <[EMAIL PROTECTED]> Bush admitted to violating FISA and said he was proud of it. So why isn't he in prison yet?... -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]