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Since they also removed a full stop at the end... What is the point of using all caps? For me it makes legal texts like these really annoying to read. I'm not

by brisad 5y ago

Since they also removed a full stop at the end... What is the point of using all caps? For me it makes legal texts like these really annoying to read. I'm not a native English speaker, is that really correct English writing? Aren't there clear rules when to use capitalization? Like, at the beginning of sentences. Feels like they are abusing the language. Can they just lower case the paragraphs, to make things more convenient to read? Or does that change the legal meaning? For me it would feel like they would stop screaming :-)

brianwawok 5y ago
https://www.termsfeed.com/blog/all-caps-legal-agreements/amp/ https://www.termsfeed.com/blog/all-caps-legal-agreements/amp... It’s legally important
- feanaro 5y ago
  Your text says it's not. What's legally important is to make certain parts of the text conspicuous. Using all-caps is one way of achieving this, but there are other options, such as using a different typeface, font size or colour.
  - Ensorceled 5y ago
    How do you use a different typeface in a plain text file?
    - rdpintqogeogsaa 5y ago
      Disclaimer: I am not a lawyer. The following is not legal advice and, in particular, has not been tested in court to the best of my knowledge. You can't use a different typeface, font size or color in a plain text document. That does not mean you have no options. The criterion is that it is “written, displayed, or presented that a reasonable person [...] ought to have noticed it.” Consider the following: Nihil harum autem impedit commodi ut occaecati. Nihil quisquam ab molestiae veritatis consectetur. Quis molestias sunt facere tempore est. Eum quia quisquam veritatis illo minus sint atque ipsa. Omnis optio ducimus minus nemo non deleniti voluptas. Blanditiis nisi eum eum beatae fugit delectus. Optio neque sed nostrum veniam eos. Culpa ut no‐ bis rem est dignissimos est eum sed. Occaecati dignissimos eveniet odit aut est ipsum minus nisi. !! IMPORTANT !! DISCLAIMER OF WARRANTY The software is provided "as is", without warran‐ ty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringe‐ ment. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connec‐ tion with the software or the use or other deal‐ ings in the software. Unde sint ab qui ut. Debitis qui deserunt fugiat aut nihil impedit vel saepe. Et ad voluptas quia. Omnis libero ni‐ hil perferendis aut ab. Illo et neque voluptatibus. Et animi consequatur enim eius aut at veritatis. Modi error a ratione tempore velit inventore. Accusantium accusantium et quam quis nemo id. This seems rather noticeable to me, gets to the point, and is considerably more readable. By using the all-caps sparingly, we've made way to draw attention to the heading, then offset the passage with large amounts of whitespace to draw attention to the passage itself. At the same time, this keeps readability of the actual text that you want people to read.
  - numpad0 5y ago
    BUT ALL - CAPS TEXT IS EASIEST AND AT LEAST TO ME SOUND RIGHTEOUS ENOUGH. I THINK THIS IS A CLASSIC CASE OF QUOTE IT AIN'T STUPID IF IT WORKS END QUOTE.
- garaetjjte 5y ago
  Arguably all-caps is harder to read, making these clauses less conspicuous.
  - kube-system 5y ago
    “Easy to read” is not part of the criteria. The definition is explicit. > "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, 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 surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language.
deleted 5y ago
[deleted]
vegetablepotpie 5y ago
Apparently it comes from commercial codes from the ‘50s, which says that important text must be conspicuous [1] Conspicuous could mean all caps, contrasting text, or different colors. My guess is that CAPITALIZATION was used because most typewriters at the time could do caps, whereas doing different font sizes, colors, bold would have required a special expensive machine. When technology evolved, lawyers being process oriented creatures, stuck with all caps because it was the way things were always done, and therefore safe to do. [1] https://www.termsfeed.com/blog/all-caps-legal-agreements/ https://www.termsfeed.com/blog/all-caps-legal-agreements/

by brisad 5y ago

brianwawok 5y ago

https://www.termsfeed.com/blog/all-caps-legal-agreements/amp/ https://www.termsfeed.com/blog/all-caps-legal-agreements/amp... It’s legally important

feanaro 5y ago
Your text says it's not. What's legally important is to make certain parts of the text conspicuous. Using all-caps is one way of achieving this, but there are other options, such as using a different typeface, font size or colour.
- Ensorceled 5y ago
  How do you use a different typeface in a plain text file?
  - rdpintqogeogsaa 5y ago
    Disclaimer: I am not a lawyer. The following is not legal advice and, in particular, has not been tested in court to the best of my knowledge. You can't use a different typeface, font size or color in a plain text document. That does not mean you have no options. The criterion is that it is “written, displayed, or presented that a reasonable person [...] ought to have noticed it.” Consider the following: Nihil harum autem impedit commodi ut occaecati. Nihil quisquam ab molestiae veritatis consectetur. Quis molestias sunt facere tempore est. Eum quia quisquam veritatis illo minus sint atque ipsa. Omnis optio ducimus minus nemo non deleniti voluptas. Blanditiis nisi eum eum beatae fugit delectus. Optio neque sed nostrum veniam eos. Culpa ut no‐ bis rem est dignissimos est eum sed. Occaecati dignissimos eveniet odit aut est ipsum minus nisi. !! IMPORTANT !! DISCLAIMER OF WARRANTY The software is provided "as is", without warran‐ ty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringe‐ ment. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connec‐ tion with the software or the use or other deal‐ ings in the software. Unde sint ab qui ut. Debitis qui deserunt fugiat aut nihil impedit vel saepe. Et ad voluptas quia. Omnis libero ni‐ hil perferendis aut ab. Illo et neque voluptatibus. Et animi consequatur enim eius aut at veritatis. Modi error a ratione tempore velit inventore. Accusantium accusantium et quam quis nemo id. This seems rather noticeable to me, gets to the point, and is considerably more readable. By using the all-caps sparingly, we've made way to draw attention to the heading, then offset the passage with large amounts of whitespace to draw attention to the passage itself. At the same time, this keeps readability of the actual text that you want people to read.
- numpad0 5y ago
  BUT ALL - CAPS TEXT IS EASIEST AND AT LEAST TO ME SOUND RIGHTEOUS ENOUGH. I THINK THIS IS A CLASSIC CASE OF QUOTE IT AIN'T STUPID IF IT WORKS END QUOTE.
garaetjjte 5y ago
Arguably all-caps is harder to read, making these clauses less conspicuous.
- kube-system 5y ago
  “Easy to read” is not part of the criteria. The definition is explicit. > "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, 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 surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language.

deleted 5y ago

[deleted]

vegetablepotpie 5y ago

Apparently it comes from commercial codes from the ‘50s, which says that important text must be conspicuous [1] Conspicuous could mean all caps, contrasting text, or different colors. My guess is that CAPITALIZATION was used because most typewriters at the time could do caps, whereas doing different font sizes, colors, bold would have required a special expensive machine. When technology evolved, lawyers being process oriented creatures, stuck with all caps because it was the way things were always done, and therefore safe to do. [1] https://www.termsfeed.com/blog/all-caps-legal-agreements/ https://www.termsfeed.com/blog/all-caps-legal-agreements/