Full Disclosure mailing list archives

Re: Email Disclaimers...Legally Liable if breached?


From: Valdis.Kletnieks () vt edu
Date: Thu, 11 Oct 2007 13:56:36 -0400

On Wed, 10 Oct 2007 22:44:08 PDT, Troy said:

I'm surprised we don't see more disclaimers with a copyright statement in
them. I would think that using copyright law as an argument against
unauthorized distribution of an email would stand a better chance in court
than a non-binding disclaimer at the bottom of the message.

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?

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...

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