>  Depends on what it is disclaiming.  For example, I have a disclaimer in
>the personal sig I use when posting to public forums such as this, because
I
>work for a company that provides professional computer services, and I want
>to make it very clear that this is *me* talking, and not my employer.  That
>makes sense to me on a personal level, and is "legal" for as much as it
says
>(which is not much).

I would have Agreed with a deisclimer of that type, But this diclaimer is
one that starts with 
"Content of this message is Private and Previladged ..........."

You have pretty clear arguments on disclimers Scott.. thats nice.,


Kuminda Chandimith
Sr. Technical Consultant
Ducont.com FZ-LLC
Tel:  + 971-4-3913000 Ext 237
Fax: +971-4-3913001
http://www.ducont.com



-----Original Message-----
From: Benjamin Scott [mailto:[EMAIL PROTECTED]]
Sent: 11 November 2001 22:29
To: Exchange Discussions
Subject: Re: Why you don't like disclaimers...


On Sat, 10 Nov 2001, Kuminda Chandimith wrote:
> I don't like disclaimers more than any of you do... But I want to show him
> why a disclaimer is such a useless idea.

  Depends on what it is disclaiming.  For example, I have a disclaimer in
the personal sig I use when posting to public forums such as this, because I
work for a company that provides professional computer services, and I want
to make it very clear that this is *me* talking, and not my employer.  That
makes sense to me on a personal level, and is "legal" for as much as it says
(which is not much).

  A company-wide disclaimer that says, in effect, "Email is not secure; do
not use it for confidential information" are a little tacky but not
unreasonable.

  On the other hand...

  Company-wide disclaimers that say the information is confidential are
worse than useless, IMNSHO.  The Internet is a public network; posting
confidential information to a public network is an obvious failure of due
diligence.  Conceivably, a good lawyer could even make the case that since
you posted confidential information to a public network, you no longer
consider the information confidential, and thus release your rights to it
(of course, a good lawyer can argue anything).

  Most of all, I dislike company-wide disclaimers because I think they look
tacky.  When I correspond with our customers by snail-mail, I do not include
blanket notices of confidentiality or disclaimers of warranty.  To do so
would be arrogant, condescending, and rude.  So, I do not do so for email,
either.

  Ask your boss: Which is more important, covering yourself with a
cellophane fig-leaf, or looking professional to your customers?

-- 
Ben Scott <[EMAIL PROTECTED]>
| The opinions expressed in this message are those of the author and do not
|
| necessarily represent the views or policy of any other person, entity or
|
| organization.  All information is provided without warranty of any kind.
|


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