[clug] Debian sarge, XFree4 and X11

Robert Thorsby robert at thorsby.com.au
Thu Mar 10 05:40:39 GMT 2005

On 2005.03.10 16:24 Kim Holburn wrote:
> So if I am the "intended recipient" (or think
> I am?) I can do anything with it I like?

Good Heavens, no. You can only do with the email that which a 
reasonable "intended recipient" would do. Therefore, you can only do 
with the email what a subscriber, reader, searcher, casual visitor, 
etc., would do.

>  That's not a very good legal notice then is it?

Of course not. One of the effects of a badly drafted legal document 
used indiscriminately and inappropriately is that the courts tend to 
either water it down or declare it ineffectual. The classic case was a 
32 page Cth Bank mortgage that was so onerous for the mortgagor 
(borrower) and open ended for the mortgagee (bank) that the High Court 
decided that since it didn't actually contain a verb (the entire 32 
pages were a single sentence -- in accordance with legal practice) the 
mortgagor did not have to pay back either the principle or interest.

>  It actually hands all legal rights over the
> email to the "recipients".

No it doesn't. The intended recipient probably does not obtain any 
greater rights than he would have if the disclaimer weren't present. 
But the rights of the intended recipient appear to be largely unlimited 
anyway (if the email is used bona fide). Apart from that, the 
disclaimer doesn't seek to limit the rights of the "intended recipient".

Anyway, enough bandwith has been wasted. As they say in the classics: 
"Negotiations are now at an end."

Robert Thorsby

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