Subject: Re: Hesk copyright removal license
From: Eugene Wee <>
Date: Thu, 18 Sep 2008 00:29:42 +0800

Ben Tilly wrote:
> I am not a lawyer, but my
> understanding is that not making his indemnification ALL CAPS means
> that he might not be protected in the event of a lawsuit.

Lawrence Rosen wrote that "the reason such provisions (warranty and 
liability disclaimers) are often shown in capital letters is that the 
law requires that these provisions be prominent so licensees will notice 
and read them", and went on to state that he much prefers "to capitalize 
only very important words, such as the words AS IS" since "capital 
letters are harder to read and are frequently ignored simply because of 
the printing" (Open Source Licensing, Rosen, 2004).

Considering that the indemnification does not stand out in any way, I 
suppose it does not fulfill the requirement... but this is somewhat off 
topic anyway :)

Eugene Wee