RE: [dow1-2tf] Definition of the "Conspicuous" in US Uniform Comm ercial Code
- To: "'Marc Schneiders'" <marc@xxxxxxxxxxxxxx>, "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- Subject: RE: [dow1-2tf] Definition of the "Conspicuous" in US Uniform Comm ercial Code
- From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- Date: Tue, 28 Sep 2004 08:44:11 -0400
- Cc: dow1-2tf@xxxxxxxxxxxxxx
- Sender: owner-dow1-2tf@xxxxxxxxxxxxxx
This is not to be argumentative, but do you have any evidence that people
who register domain names from registrars change their internet browser
settings in the way you have suggested. If it happens at all, I believe it
must be such a rare example.
When setting policy, you cannot take into consideration all of the possible
extremes, but rather you must try to use a reasonable standard and cater to
as broad of an audience as possible. My personal belief (and not as the
chair of the TF) is that we should work towards improving policy. We cannot
solve 100% of the problems for 100% of the people, but we can (I hope) make
That being said, if you can provide us with some evidence of your
assertions, that would be helpful to the group.
From: Marc Schneiders [mailto:marc@xxxxxxxxxxxxxx]
Sent: Tuesday, September 28, 2004 4:58 AM
To: Neuman, Jeff
Subject: Re: [dow1-2tf] Definition of the "Conspicuous" in US Uniform
On Tue, 21 Sep 2004, at 08:45 [=GMT-0400], Neuman, Jeff wrote:
> "A term of clause is conspicuous when it is so written that a reasonable
> person against whom it is to operate ought to have noticed it. A printed
> heading in capitals is conspicuous. Language in the body of a form is
> "conspicuous" if it is in larger or other contrasting type or color.
> a term or clause is "conspicuous" or not is for decision by the court.
> Conspicuous terms include the following: (A) a heading in capitals equal
> or greater in size than the surrounding text, or in contrasting type,
> or color to the surrounding text of the same or lesser size; and (B)
> language in the body of a record or display in larger type than the
> surrounding text, or in contrasting type, font, or color to the
> text of the same size, or set off from surrounding text of the same size
> symbols or other marks that call attention to the language."
Well, on the web (http) this doesn't work out like on paper. Settings
of users in their browsers overrule lay out settings (like fonts and
colours) of websites. It's in the nature of HTML.
So you put it in 48 point red Arial Bold, and I tell my browser, that
I want everything in 12 point times roman, no colours. And I see
nothing conspicious. Don't tell me it is my fault. This is how HTML
works by definition (protocol). We may have lost this feeling through
flash, stylesheets and the rest, but it is still there. And not only