[socal-piggies] Email Disclaimers (was: Re: Python job opportunity)

Michael Chean michael_chean at msn.com
Wed Jun 22 08:51:05 PDT 2011


Generally, I strip that disclaimer out for messages like this.  I deal with a lot of lawyers, and I've taken the lead from disclaimers on their emails.  I also haven'theard of it actually being enforced.
Mike

> Date: Tue, 21 Jun 2011 21:51:37 -0700
> From: contact at charles-esterbrook.com
> To: socal-piggies at lists.idyll.org
> Subject: Re: [socal-piggies] Email Disclaimers (was: Re: Python job	opportunity)
> 
> No problem. Thoughts on the subject were what I was looking for, and I
> appreciate them.
> 
> -Charles
> 
> 
> On Tue, Jun 21, 2011 at 9:23 PM, Inci Ozkaragoz <iozkaragoz at gmail.com> wrote:
> > Disclaimer: By the way, Charles, these are just guesses on my part from
> > having worked at various companies that used the disclaimers and who had a
> > corporate counsel at hand. So can't say for sure.
> >
> > On Tue, Jun 21, 2011 at 9:01 PM, Inci Ozkaragoz <iozkaragoz at gmail.com>
> > wrote:
> >>
> >> Funny, Charles. I think though that the disclaimer has to implicitly
> >> reference some IP laws that exist so that it would hold up in court. Your
> >> disclaimer is not based on any legal rights.
> >>
> >> On Tue, Jun 21, 2011 at 8:29 PM, Charles Esterbrook
> >> <contact at charles-esterbrook.com> wrote:
> >>>
> >>> You say "It is a legal contract of sorts that you agree to..." but I
> >>> don't think that agreement is even possible:
> >>>
> >>> (a) Reading something does not form a contractual agreement.
> >>>
> >>> (b) The disclaimers come at the end which makes no sense. You wouldn't
> >>> have a conversation with someone and then set terms for that
> >>> conversation after you had it. By the time I have read the last
> >>> content paragraph of one of these emails, I still haven't read the
> >>> statements about "the information contained in this email".
> >>>
> >>> -Charles
> >>>
> >>> DISCLAIMER: By reading the above email, you have agreed to pay me 10%
> >>> of all future revenues derived from employment, contracts, business
> >>> ownership, inheritances and gambling on a quarterly basis.
> >>>
> >>>
> >>> On Tue, Jun 21, 2011 at 8:05 PM, Inci Ozkaragoz <iozkaragoz at gmail.com>
> >>> wrote:
> >>> > I think one of the main benefits of the disclaimer is that it allows a
> >>> > company with the disclaimer the legal right to sue any suspect
> >>> > person/organization that allegedly infringes on its IP that was
> >>> > transmitted
> >>> > via email. It is a legal contract of sorts that you agree to with the
> >>> > act of
> >>> > reading the email. It also acts as a legal warning to those so tempted
> >>> > to
> >>> > misuse the information contained therein. Similar to the copy
> >>> > infringement
> >>> > warnings stated at the start of purchased movie videos. It does not
> >>> > prevent
> >>> > all thieves from copying, but it does give the law the right to
> >>> > prosecute
> >>> > after warning people of the law.
> >>> >
> >>> > On Tue, Jun 21, 2011 at 7:40 PM, Dan Stromberg <strombrg at gmail.com>
> >>> > wrote:
> >>> >>
> >>> >> On Tue, Jun 21, 2011 at 6:28 PM, Charles Esterbrook
> >>> >> <contact at charles-esterbrook.com> wrote:
> >>> >>>
> >>> >>> On Tue, Jun 21, 2011 at 2:44 PM, Michael Chean
> >>> >>> <michael_chean at msn.com>
> >>> >>> wrote:
> >>> >>> >
> >>> >>> > DISCLAIMER: The information contained in this e-mail is intended
> >>> >>> > only
> >>> >>> > for
> >>> >>>
> >>> >>> Have people using these types of disclaimers enjoyed any benefits?
> >>> >>
> >>> >> I've never heard of a tangible benefit, but that doesn't mean it
> >>> >> doesn't
> >>> >> exist.  I've also seen some pretty serious companies that didn't
> >>> >> require
> >>> >> them.
> >>> >> It reminds me of a playful series of radio commercials on a Cincinnati
> >>> >> radio station called WEBN:
> >>> >>
> >>> >> Brute Force Cybernetics: The company that creates a need, and then
> >>> >> fills
> >>> >> it.
> >>> >>
> >>> >> --
> >>> >> Dan Stromberg
> >>> >>
> >>> >> _______________________________________________
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> >>> >> socal-piggies at lists.idyll.org
> >>> >> http://lists.idyll.org/listinfo/socal-piggies
> >>> >>
> >>> >
> >>> >
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> >>> >
> >>> >
> >>>
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