Scott, and others,

I totally get your point, and to some degree agree.

An interesting addition...

The Australian federal govt recently (last year) passed legislation to
say that it is illegal to forward and e-mail without the authors express
permission.

Thus, a whole NEW addition to the disclaimer in Australia is popping up,
saying that the author DOES NOT give permission for the e-mail to be
forwarded.

I think, whether we like it or not, the disclaimer is here to stay... It
is how we as Admins manage it.

My additional $0.02 (inc GST).

themolk.

> -----Original Message-----
> From: Akerlund, Scott [mailto:[EMAIL PROTECTED] 
> Sent: Thursday, 19 June 2003 9:24 AM
> To: Exchange Discussions
> Subject: RE: Brick level backups - legal disclaimers
> 
> 
> Well I am not a legal speagle by any means, but the 
> disclaimer issue it bad joke.  The true responsibility of who 
> the message went to is in the hands of the sender.  If the 
> message was addressed correctly then the need for disclaimers 
> would be a non-issue.
> 
> Sorry I watched this thread long enough that I had to put my 
> two cents in there.  I find it hard that anyone should accept 
> the burden of responsibility
> for receiving an electronic message that was sent to them by 
> mistake.   And
> those disclaimers that try to shift the burden of 
> responiblity from the shoulders of the sender to the reciever 
> are a sad attempt at just that.
> 
> -----Original Message-----
> From: Steve Molkentin [mailto:[EMAIL PROTECTED] 
> Sent: Wednesday, June 18, 2003 3:34 PM
> To: Exchange Discussions
> Subject: RE: Brick level backups - legal disclaimers
> 
> 
> What about Klingon and Elvish? Google is available in both, 
> so people must speak it. Should we not then make disclaimers 
> available in these languages too?
> 
> themolk.
> 
> > -----Original Message-----
> > From: Martin Tuip [MVP] [mailto:[EMAIL PROTECTED]
> > Sent: Thursday, 19 June 2003 12:13 AM
> > To: Exchange Discussions
> > Subject: Re: Brick level backups - legal disclaimers
> > 
> > 
> > About a billion people on this planet speak Chinese ... going to 
> > included that as well ?  I like the fact you are going to 
> add Dutch to 
> > the disclaimer, but around 99% of the Dutch population speaks and 
> > understands English very well.
> > 
> > **  Please prefix your subject header with BETA for posts 
> dealing with 
> > Exchange 2003 **
> > --------------------------
> > Martin Tuip
> > MVP Exchange
> > Exchange 2000 List owner
> > www.exchange-mail.org
> > www.sharepointserver.com [EMAIL PROTECTED]
> > --------------------------
> > 
> > ----- Original Message -----
> > From: "Midgley, Ian" <[EMAIL PROTECTED]>
> > To: "Exchange Discussions" <[EMAIL PROTECTED]>
> > Sent: Wednesday, June 18, 2003 4:10 PM
> > Subject: RE: Brick level backups - legal disclaimers
> > 
> > 
> > > Yup, Greek and Double-Dutch are in the list of languages
> > that need to
> > > be covered. Web links are unacceptable since there is no way of 
> > > checking whether the recipient clicked the link, or they
> > might not be
> > > online when they read the message.
> > >
> > > We thought of using Latin since most of the legal team know that.
> > Esperanto
> > > is a bit too leading edge.
> > >
> > > -----Original Message-----
> > > From: Shotton Jolyon [mailto:[EMAIL PROTECTED]
> > > Sent: 18 June 2003 13:54
> > > To: Exchange Discussions
> > > Subject: RE: Brick level backups - legal disclaimers
> > >
> > >
> > > *Has* anyone tested email disclaimers in the courts in the
> > UK, EU or
> > > US?
> > >
> > > I'm not aware of any cases.
> > >
> > > I do find it ironic that lawyers, who knowingly write in 
> a way that 
> > > most people do not find clear, should be concerned that the
> > disclaimer
> > > should
> > be
> > > written so as to be understood by any recipient.  It's 
> all Greek to 
> > > me.
> > Or
> > > double-Dutch.
> > >
> > > Perhaps your disclaimer could consist of "Legal disclaimer
> > - you must
> > > read this" in every relevant language, each linked to a web
> > page which
> > > contains the text in that language.
> > >
> > > Or write it in Esperanto.
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: Midgley, Ian [mailto:[EMAIL PROTECTED]
> > > Sent: 18 June 2003 14:07
> > > To: Exchange Discussions
> > > Subject: RE: Brick level backups
> > >
> > >
> > > That's not funny !! I'm currently involved in discussions 
> with our 
> > > legal team regarding the validity of English language
> > disclaimers on
> > > messages written in various different European languages
> > (we route all
> > > our Internet mail through a single SMTP gateway in the UK).
> > The legal
> > > team are pushing
> > to
> > > add disclaimers in each language.
> > >
> > > Just because no-one ever reads disclaimers doesn't mean
> > that they are
> > > not legally applicable - when was the last time you read the MS 
> > > license agreement when installing software? And just
> > because I select
> > > the other radio button and click OK doesn't mean that I
> > have read the
> > > labels
> > attached
> > > to those actions either.
> > >
> > > I would be interested in Williams disclaimer list if he
> > would be happy
> > > to publish.
> > >
> > > Also, does anyone know of a disclaimer adder that is
> > language aware?
> > > Otherwise I'm going to have to do some funny tricks with SMTP 
> > > connectors
> > and
> > > routing inside the company.
> > >
> > >
> > > The information contained in this e-mail is intended for
> > the recipient
> > > or entity to whom it is addressed. It may contain confidential 
> > > information
> > that
> > > is exempt from disclosure by law and if you are not the intended
> > recipient,
> > > you must not copy, distribute or take any act in reliance 
> on it. If 
> > > you
> > have
> > > received this e-mail in error, please notify the sender 
> immediately 
> > > and delete from your system.
> > >
> > > _________________________________________________________________
> > > List posting FAQ:       http://www.swinc.com/resource/exch_faq.htm
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> > > =english
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> > >
> > >
> > > 
> > 
> **********************************************************************
> > > This e-mail and any files transmitted with it are
> > confidential to the
> > > intended recipient(s). If you have received the e-mail in
> > error please
> > > notify the author by replying to this e-mail and delete 
> it and all 
> > > copies from your system. Any unauthorised disclosure, use, or 
> > > dissemination, either whole or partial, is prohibited. 
> Any views or 
> > > opinions contained in this email are those of the author
> > and are not
> > > necessarily endorsed by The Company, and The Company 
> cannot be held 
> > > responsible for any misuse. The Company does not accept
> > responsibility
> > > or liability for any loss or damage arising in any way from its 
> > > receipt or use or for any errors or omissions in its
> > contents, which
> > > may arise as a result of its
> > transmission.
> > > This email is covered by The Company Terms and Conditions
> > of Business,
> > > a copy of which can be obtained on request.
> > > 
> > 
> **********************************************************************
> > > 
> > 
> **********************************************************************
> > >
> > >
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