Ben, I agree... Sadly, due to all the legal eagles rubbing their hands in glee over more work, and the fact that unless you tell someone not to, independent of the law, they can get away with it somehow, it's been stated that you have to tell them that they do not have permission to forward. <<sigh>>...
I am looking forward to seeing any prosecutions out of it too... I guess it is designed to protect people like that whole thing in the UK with that lawyer talking about the taste of her boyfriend's... Umm... I don't think I need to complete that sentence. You know what I mean. Most legislation re: IT in Australia is knee-jerk at best. For example, they are currently discussing the legality of making spam illegal - but whose problem is it (ISP, sender, etc, etc, etc). But I think that all this is a whole other thread. themolk. > -----Original Message----- > From: Ben Schorr [mailto:[EMAIL PROTECTED] > Sent: Thursday, 19 June 2003 9:57 AM > To: Exchange Discussions > Subject: RE: Brick level backups - legal disclaimers > > > Seems like that disclaimer ("I do not give permission to > forward") would be unnecessary. If the law requires express > permission then the absence of any disclaimer wouldn't > constitute permission and thus unless the message > specifically said "I *DO* give permission to forward" it > would be illegal to forward it. > > I'll be curious to know how many people they actually get > prosecuted under this law. > > Aloha, > > -Ben- > Ben M. Schorr, MVP-OneNote, CNA, MCPx4 > Director of Information Services > Damon Key Leong Kupchak Hastert > http://www.hawaiilawyer.com > > > > -----Original Message----- > > From: Steve Molkentin [mailto:[EMAIL PROTECTED] > > Sent: Wednesday, June 18, 2003 13:28 > > To: Exchange Discussions > > Subject: RE: Brick level backups - legal disclaimers > > > > 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. 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