What I would do is first ask if this "disclaimer" has been viewed by the
company attorneys, and what they think of doing this.

Chances are this manager you speak of has just pulled the disclaimer
from his butt and decided it should be used.

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] On Behalf Of Kuminda
Chandimith
Sent: Saturday, November 10, 2001 2:08 AM
To: Exchange Discussions
Subject: Why you don't like disclaimers...
Importance: Low


we received an email from one of our mangers which starts " it is
important that we include this Disclaimer in all our Email communication
with immediate effect..."

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. I've gone through my
archives and abstracted some Of following parts from various discussions
we had. But when I go through it I don't see much of "strong" arguments
opposing the idea of disclaimer.

So I'd Like to get your "ideas" Why you Don't like disclaimers.

Following are my l reasons

1. Email disclaimers does not have any legal value Other that the "Legal
type words used in it" 2. It a wastage of band width 3. Its very
difficult to read a string of mails (Replies, forwards... etc,) when
having huge disclaimers among them. 4.  
5..
6..


Regards 

Kuminda

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




Sorry I forgot to copy the credits for some of following abstracts.   I
was
collecting comments, arguments, etc, which was opposing the disclaimers.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Disclaimer: Any errors in spelling, tact, or fact are transmission
errors and not the fault of the sender.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

And don't forget the first e-mail below that has been sent a couple of
times now, explaining how to do an event sink script....

If you are planning on putting in a disclaimer (which I and many others
would advise against as being worthless), consider one of these:

************************************************************************
****
WARNING: All e-mail sent to and from this address will be received or
otherwise recorded by the <your company name> corporate e-mail system
and is subject to archival, monitoring or review by, and/or disclosure
to, someone other than the recipient.
************************************************************************
****

The information in this e-mail is confidential and legally privileged.
It is intended solely for the addressee.  If you are not the intended
recipient do not read the message.  If you do not know whether you are
the intended recipient, please consult your attorney.  Then delete the
message, delete it from Deleted Items, then go into Deleted Items and
delete it from the Dumpster.  After that, you are legally obligated to
demagnitize your hard
drive.   Of course to get this far, you probably read the message, even
though you should not have read it in the first place.  Because of your
appalling lack of foresight, you must spin yourself into a time warp and
reverse the clocks and then delete the message before reading it.  How
you remember to do that after going backward in in time is your problem.
Any views expressed in this message are those of Guido, my sock puppet,
so please take up any issues with him.  (See the preceeding
instructions.)
************************************************************************
****
*


By reading this eMail, the recipient agrees to purchase unlimited adult
beverages for myself and all designated persons for the entire duration
of the 2001 MEC conference.

************
If you have received this email in error, or do not wish to partake in
adult beverages, and you have opened this email, you are now legally
bound.
************

Like anybody reads those things. 

Ed Crowley
Compaq Computer
Serving the Exchange Community for over a twentieth of
a century!


Paul,

How come your disclaimer first says:
"This email and any files transmitted with it are confidential and may
be legally privileged, they are intended solely for the use of the
addressee only."

Which sounds like it is setting up a contract between you and me about
this e-mail message you have sent me. Then, about 3 lines further on the
disclaimer says: "No contracts may be concluded on behalf of Millfield
Partnership Limited by means of email communications."

So, do we have a contract - in which case it can't be setup by e-mail!
Or do we not have a contract, in which case the email can't be
confidential?


Have fun :-)

Chris


*********************************
Wow, Paul, that is quite a disclaimer.  But can you legally absolve
yourself of liability from sending a virus simply by stating so in the
email?  Sort of a philosophical/logical/legal/for fun debate.

Scott.

The reason I ask this is because companies that put the unauthorized
login warning on their servers and workstations really have no increased
protection from lawsuits.  They mean nothing, and the courts have never
said that they offer any protection, I believe.
******************************************************

-----Original Message-----
From: Tom Meunier [mailto:[EMAIL PROTECTED]]
Sent: Friday, September 28, 2001 11:19 AM
To: Exchange Discussions
Subject: RE: legal disclaimer

...or are you looking for a way to make the silly disclaimer hold up in
court?  Otherwise, I think you should call it "Disclaimer full of
legal-sounding words that probably isn't legally binding in any
jurisdiction on the planet, but we'll never find out because nobody's
naive enough to try to enforce one in a court of law".

...or perhaps we should discuss the legality of adding disclaimers to
every email.  I bet that's legal, yep.  Depending on the jurisdiction it
was sent from, routed through, and read at.  But probably, knowing what
I know from having seen "Matlock" a few times.  So the FAQ would help
you legally insert your legalistic-sounding disclaimer onto all emails.



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