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Most software at PCB fab house does a pass where they plot a set of Clear PADS over a silkscreen, which auto clears any offending over-pad lines.
When the CAM software clears the silkscreen, you end up with no component ref on the PCB. Therefore a DRC warning would still be useful.
I've had PCBs come back with silkscreen on pads. Doing the check up front is applying the rule of measuring twice and cut once, and can save time and money.
The PCB manufacturers CAM software can remove silkscreen from pads.
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