[License-review] For Approval: Rewrite of License Zero Reciprocal Public License

Rick Moen rick at linuxmafia.com
Mon Nov 6 23:35:19 UTC 2017


Quoting McCoy Smith (mccoy.smith at intel.com):

> Do you believe this to be sufficiently "conspicuous" to satisfy the
> requirements of, inter alia, UCC & UCITA?  Do you think this language
> is sufficient to properly disclaim the UCC & UCITA warranties of
> merchantability and for a particular purpose?  If not, is there a
> reason why (i.e., you don't think UCC or UCITA would apply here, or
> you just don't care about those two statutory provisions -- one widely
> adopted in the US, one not)?  There's a reason why fairly specific
> language, and the SHOUTING ALL CAPS, has become ubiquitous in open
> source disclaimers, and I'm curious if you believe that is
> unnecessary.

For reference, the UCC requirement of 'conspicuous' notice is here:
https://www.law.cornell.edu/ucc/2/2-316

UCITA (not yet widely adopted and something of a fizzle as a UCC2B
effort; Virginia and Maryland only, so far) incorporates those UCC Article
2 rules, but adds safe harbor provisions relating to the visual
appearance of the printed or displayed text.  (There's a conflict on
these matters between UCITA and provisions of the Federal Magnuson-Moss
Act, 15 USC Sec. 2301, that, last I heard, had not been adjudicated.)




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