Hacker News new | ask | show | jobs
by brisad 1639 days 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 :-)

2 comments

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/

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.

How do you use a different typeface in a plain text file?
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.

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.
Arguably all-caps is harder to read, making these clauses less conspicuous.
“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.