Date: Wed, 27 Jul 2011 08:33:53 -0500 From: Ryan Coleman <editor@d3photography.com> To: FreeBSD <freebsd-questions@freebsd.org> Subject: Re: legal notices at the end of emails Message-ID: <B24E2682-B9E6-4A67-A1BD-ED79943623AA@d3photography.com> In-Reply-To: <20110727073041.362845fc@scorpio> References: <20110726110657.86e3ac62@mail.gatewaytechnolabs.com> <538F25C6-4D22-48B8-B573-8D7F5786CA58@d3photography.com> <4e302ab6.Th%2BYrsuhnF0BJ998%perryh@pluto.rain.com> <4E2FF01E.8030409@my.gd> <4E2FF194.1000503@stillbilde.net> <20110727073041.362845fc@scorpio>
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On Jul 27, 2011, at 6:30 AM, Jerry wrote: > On Wed, 27 Jul 2011 13:08:04 +0200 > Svein Skogen (Listmail account) articulated: >=20 >> On 27.07.2011 13:01, Damien Fleuriot wrote: >>> On 7/27/11 5:11 PM, perryh@pluto.rain.com wrote: >>>> Ryan Coleman <editor@d3photography.com> wrote: >>>>=20 >>>>> A heads up about your footer: This email goes onto a mailing >>>>> list that is available via an online archive... your "terms" >>>>> are violated just by sending an email to this mailing list. >>>>=20 >>>> Not necessarily. It says [emphasis added]: >>>>=20 >>>>>> The contents of this eMail ... should not be disclosed >>>>>> to, ... anyone _other than the intended addressee(s)_ ... >>>>>> Any _unauthorized_ review ... is strictly prohibited ... >>>>=20 >>>> I don't see a problem provided the archived mailing list is >>>> considered to be among "the intended addressee(s)" and the >>>> sender is considered, by the act of sending it to an archived >>>> list, to have authorized the archiving (and implicitly any >>>> subsequent use of the archive). >>>>=20 >>>=20 >>> All the same, any of you guys ever take this kind of notice >>> seriously ? I mean, really ? >>>=20 >>>=20 >>> See, you've actually read the e-mail prior to reading (and thus >>> accepting or refusing) the "legal" notice. >>>=20 >>> It's like me sending you an e-mail, with a footer saying "By reading >>> this e-mail you hereby forfeit all of your fortune, properties and >>> claims in favor of Pwnd LTD, who shall be the sole and universal >>> beneficiary, and has just done you good.". >>>=20 >>> Just because they appear in an e-mail and you've read that e-mail >>> doesn't mean you've acknowledged said terms, let alone accepted >>> them. >>=20 >> Exactly. You did not solicit an agreement with the sender before the >> agreement appeared, and since it required no active part on your = half, >> it is non-binding. >>=20 >>> I for one, on principle, decline to abide by such terms, which may >>> in no case be enforced on me, seeing I never accepted them in the >>> first place. >>=20 >> I think the reasoning is the legal principle of "whatever people = think >> we can get away with, because we have a lawyer so slippery PTFT >> manufacturers are suing us for patent violations" >>=20 >>> One would have to get my consent to abide by their legal notice THEN >>> send me the actual contents. >>>=20 >>> Now, that would work. >>> Then again, on principle I would decline said terms so they couldn't >>> send me whatever they wanted... >>=20 >> Those e-mail-footers of legalese-sounding mumbo-jumbo threatening >> voodoo-action against you and anybody standing next to you, should = you >> not be the sole designated, implied or expressed, recipient of that >> e-mail, are _LESS_ binding than "shrinkwrap EULAs", and has less >> actual legal content than the gold-content of seawater. They add the >> footers to sound important. It's a mild case of narcissism. >>=20 >> //Svein >=20 > I find it rather amusing that anyone actually reads, far less pays any > attention to those useless pieces of garbage (disclaimers). Although I > do find it interesting that some pseudo Internet sheriff will condemn > the use of HTML mail in forums as wasted bandwidth yet stay mum on the > killing of defenseless electrons with the implementation of these > pointless disclaimers. >=20 > --=20 > Jerry >=20 > This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to which they > are addressed. If you are not the intended recipient of this > transmission, please delete it immediately. >=20 > Obviously, I am the idiot who sent it to you by mistake. Furthermore, > there is no way I can force you to delete it. Worse, by the time you > have reached this disclaimer you have all ready read the document. > Telling you to forget it would seem absurd. In any event, I have no > legal right to force you to take any action upon this email anyway. >=20 > This entire disclaimer is just a waste of everyone's time and > bandwidth. Therefore, let us just forget the whole thing and enjoy a > cold beer instead. > _________________ Nice disclaimer. :) They have their place. CPAs, Bankers, mortgage, transferring of = sensitive data, etc. But they really mean nothing. :)
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