----- Original Message ----- 
From: "Jay Chandler" <[EMAIL PROTECTED]>
To: "freebsd-questions" <freebsd-questions@freebsd.org>
Sent: Thursday, January 18, 2007 5:33 PM
Subject: Re: Mail etiquette (was: What is this mean by this term)

> >
> >
> Have any of these disclaimers ever proven to be even the slightest bit
> legally enforceable?

No they are not.  You cannot enforce something when you do not have
the recipient make an informed commitment to it.

For example, you can hold a gun to someone's head and make them
sign a contract.  The second you walk away they take the contract
to a court and bam, it's invalidated because they signed under duress.

And if you look at recent court decisions, the definition of signing under
duress has been -exceedingly- stretched these days.  Nowadays if
someone can convince a court that the contract holder ddn't completely
inform them of every last little condition, they can invalidate the

And this is a signed, notarized, witnessed contract we are talking about.
The idea that something like these disclaimers, or for that matter, software
shrink wrap licenses, would hold any legal water is just preposterous.

> I mean, for God's sake, they're at the bottom of the message,
> essentially telling you not to read the message you just read.

It would make no difference where they were in the message.  The
people insisting on these disclaimers have absolutely no legal knowledge


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