Bill Moran wrote:
> I'm curious, what problem does the disclaimer cause?
>
> I wrote the following TOS for my personal system:
> https://www.potentialtech.com/cms/node/9
> Excerpt of the relevant part:
> "If you send me email, you are granting me the unrestricted right to use
> the contents of that email however I see fit, unless otherwise agreed in
> writing beforehand. You have no rights to the privacy of any email that you
> send me. If I feel the need, I will forward emails to authorities or make
> their contents publicly available. By sending me email you consent to this
> policy and agree that it overrides any disclaimers or policies that may
> exist elsewhere."
>
> I have no idea if that's legally binding or not, but I've talked to a few
> associates who have some experience in law, and they all argue that email
> disclaimers probably aren't legally binding anyway -- so the result is
> undefined.
No, it's not legally binding. Agreements are only binding if both parties agree, and someone sending you email has not
consentedto your statement. If I send you something with a copyright mark, you'd better respect it unless you have a
signedagreement granting you rights. Federal law always wins.
Disclaimers are bad for two reasons. First, they're powerless. Just because Acme Corp. attaches a disclaimer doesn't
meanthey've absolved themselves of responsibility for the actions of their employees. Second, they're insulting to the
employees. It's a big red flag saying, "We, Acme Corp., hire clowns we don't trust, and THIS person may be one of
them!"
Craig