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'[OT]: Blanket Disclaimers (was: "Re: [PIC]: Newbie'
2004\11\30@155821 by Andrew Warren

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Nate Duehr <spam_OUTpiclistTakeThisOuTspammit.edu> wrote:

> > ====================================================================
> > This e-mail is intended for the person it is addressed to only.
> > The information contained in it may be confidential and/or protected
> > by law. If you are not the intended recipient of this message, you
> > must not make any use of this information, or copy or show it to any
> > person. Please contact us immediately to tell us that you have
> > received this e-mail, and return the original to us. Any use,
> > forwarding, printing or copying of this message is strictly
> > prohibited. No part of this message can be considered a request for
> > goods or services.
> > ====================================================================
>
> p.s. The above disclaimer is worthless

   Actually, it's potentially WORSE than worthless:

   1.  Because you explicitly acknowledge the possibility of those
   problems, you may find yourself unable to deny responsibility for
   them if they occur.  For example:

       I share confidential information with you under an NDA.

       You try to email it to someone within your company, but
       accidentally send it to my fiercest competitor.

       When I sue you, it'll be hard for you to say that you were
       unaware that email could be misdirected.

   2.  The disclaimer may even expose you to MORE liability, since
   if you're aware of a potential problem, you may be expected to
   do something to prevent it.  "[We] accept no liability for any
   damage caused by any virus transmitted by this email", for
   example, is just asking for trouble.

   3.  Giving the false impression that the disclaimer is legally
   binding (when you know perfectly well that it isn't) may cause
   problems.

   4.  If you specifically prohibit some actions, it may be inferred
   that, by omission, you are allowing all others, e.g., "Ok, I
   can't forward or print this email... But I can take a JPEG
   screenshot of it and send THAT to the newspapers, right?"

   5.  The text in most disclaimers is irritatingly stupid, so it
   makes you look stupid, too.  From the disclaimer quoted above,
   for example:

       "[if] you have received this e-mail, .... return the
       original to us."

   -Andy

   Even this disclaimer is potentially troublesome:

=== Andrew Warren -- .....aiwKILLspamspam@spam@cypress.com
=== Principal Design Engineer
=== Cypress Semiconductor Corporation
===
=== Opinions expressed above do not
=== necessarily represent those of
=== Cypress Semiconductor Corporation

____________________________________________

2004\11\30@163557 by Mike Hord

picon face
====================================================================
> > > This e-mail is intended for the person it is addressed to only.
> > > The information contained in it may be confidential and/or protected
> > > by law. If you are not the intended recipient of this message, you
> > > must not make any use of this information, or copy or show it to any
> > > person. Please contact us immediately to tell us that you have
> > > received this e-mail, and return the original to us. Any use,
> > > forwarding, printing or copying of this message is strictly
> > > prohibited. No part of this message can be considered a request for
> > > goods or services.
> > > ====================================================================
> >
> > p.s. The above disclaimer is worthless
>
>     Actually, it's potentially WORSE than worthless:

Unless I miss my guess, based on my observations of the person
whose e-mail that was culled from, it's something that, at a minimum,
his IT manager makes him add, and more likely, it's something that
his outgoing mail server adds whether he wants it or not.

And if he'd like a Gmail account, I have invites and I'd be glad to send
him one... ;-)

Mike H.
____________________________________________

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