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October 2000: News Fit to Print

If I had more time I would have written less. –Mark Twain

Twain well knew that newsrooms facing deadlines don’t often manage to crunch creative copy into clean, lean prose.

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These claims are often found in sales literature and advertising generally and they work: we all turn our heads at an attractive advertising claim.

Sales literature and advertising generally make such claims, and they work: attractive advertising turns our heads.

What representations did the vendor make in its advertising?

How did advertising represent the vendor?

As in the case of merger clauses, every software licensing agreement worth anything contains some disclaimer of warranties, be they "express" or "implied."

As with merger clauses, every software licensing agreement worth anything contains some warranty disclaimers, whether "expressed" or "implied."

Market responsibly. There is a big difference between expressing an opinion of value ("This is a great product") and making an express warranty ("This product will meet your exact requirements") constitutes an express warranty.

Market responsibly. "This is a great product" expresses an opinion of value. "This product will meet your exact requirements" constitutes an express warranty.

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