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

Wed Jun 22 13:59:19 PDT 2011

I totally understand that this is for Python-related comments only. The only
reason I commented in the first place was that it seemed to be of genuine
interest to some Pythonistas and no one seemed to know the real reason. This
is the last of what I can say on the subject after having received an
explanation from a corporate lawyer friend of mine.

"..primarily to preserve confidentiality if accidentally sent to the wrong
party and also to keep the IRS from accessing emails because they claim it
is a publication and "public" if the disclaimer is not there. Lawyers used
to worry that documents got put in wrong/switched envelopes and got sent to
wrong party. Now it is emails if "reply all" is hit by mistake."

And, no, I will not be dancing. : )

On Wed, Jun 22, 2011 at 9:07 AM, Brice Leroy <bbrriiccee at gmail.com> wrote:

> I just did the "The Locomotion"
>
>
> 2011/6/22 Michael Chean <michael_chean at msn.com>
>
>>  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't
>> heard 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
>> > >>> >>
>> > >>> >> _______________________________________________
>> > >>> >> socal-piggies mailing list
>> > >>> >> socal-piggies at lists.idyll.org
>> > >>> >> http://lists.idyll.org/listinfo/socal-piggies
>> > >>> >>
>> > >>> >
>> > >>> >
>> > >>> > _______________________________________________
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>> > >>> >
>> > >>> >
>> > >>>
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