Full Disclosure mailing list archives
Re: Email Disclaimers...Legally Liable if breached?
From: Troy <gimmespam () gmail com>
Date: Thu, 11 Oct 2007 22:10:39 -0700
On 10/11/07, Valdis.Kletnieks () vt edu <Valdis.Kletnieks () vt edu> wrote:
The problem is that it's *really* hard to write the disclaimer with a copyright attached to it. The tricky part is to figure out how to make it *legal* to cite the text in a reply - how would you phrase your copyright statement to allow what I'm doing in this message?
I wouldn't necessarily have to. Fair use would cover the use of the text in a reply. After all, you're quoting part of my message. Besides, this is a public forum, so one would expect you to be able to quote anything I write here. On the other hand, if I were to send you a private message with a disclaimer that included a copyright statement and prohibited you from distributing the email to third parties, you would be able to include the text in a reply to me, but would not be able to forward the message to somebody else. Also, copyright doesn't cover *ideas* well - so if the leaked e-mail has
info about (for instance) a planned hostile corporate takeover, the *information* has escaped, and copyright only prohibits *that expression* from being copied. If I rephrase and restate the info, there's no copyright issue with my then telling all and sundry about the corporation that's about to have a hostile takeover...
That's why the copyright would be in addition to the standard disclaimers we're seeing. It certainly wouldn't hurt to include it, and it would carry more weight in court if somebody sent the message verbatim to somebody else. Keep in mind, I'm not saying people should be doing this. Disclaimers on emails are pretty silly and are downright stupid when they're sent to a email list or a newsgroup. I was just surprised that the people who do use these disclaimers aren't also including a copyright notice.
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Current thread:
- Re: Email Disclaimers...Legally Liable if breached?, (continued)
- Re: Email Disclaimers...Legally Liable if breached? gjgowey (Oct 10)
- Re: Email Disclaimers...Legally Liable if breached? Nick FitzGerald (Oct 10)
- Re: Email Disclaimers...Legally Liable ifbreached? gjgowey (Oct 10)
- Re: Email Disclaimers...Legally Liable ifbreached? Kelly Robinson (Oct 10)
- Re: Email Disclaimers...Legally Liable ifbreached? Valdis . Kletnieks (Oct 11)
- Re: Email Disclaimers...Legally Liable if breached? Nick FitzGerald (Oct 10)
- Re: Email Disclaimers...Legally Liable if breached? gjgowey (Oct 10)
- Re: Email Disclaimers...Legally Liable if breached? Ray P (Oct 10)
- Re: Email Disclaimers...Legally Liable if breached? Troy (Oct 10)
- Re: Email Disclaimers...Legally Liable if breached? Valdis . Kletnieks (Oct 11)
- Re: Email Disclaimers...Legally Liable if breached? Troy (Oct 11)
- Re: Email Disclaimers...Legally Liable if breached? Ray P (Oct 11)
- Re: Email Disclaimers...Legally Liable if breached? Troy (Oct 11)
- Re: Email Disclaimers...Legally Liable if breached? Ray P (Oct 13)