i think the issue related by todd is a conflict
between a corporate entity's policy and the actions of, presumably, one if its
agents.
i don't see how that is the ietf's problem, or
relevant here.
assuming the ietf policy is clear and publicized,
i.e. reasonable notice is given, submitters can accept it or refrain from
submitting. there is nothing in todd's post that i could take to be a
criticism, constructive or otherwise, of the ietf's policy or it's method
of giving notice to submitters.
it is the submitter's burden to act
consistently with their internal corporate policies, whether they use
email, snail mail or avian datagrams. though it might be an interesting subject
it's outside the scope of this list, imho.
----- Original Message -----
Sent: Thursday, June 21, 2007 6:26
PM
Subject: Re: the usual email disclaimer
nonsense, was LTANS WG Last Call
An upfront disclaimer, I'm not a lawyer, just a law student
with a great deal of interest in tech. I've been following this exchange with
some interest and decided to look into it. I've found a couple situations
where email boilerplate has legal significance. The best example that I've
come across so far is Angelo, Gordon &
Co., L.P. v. Dycom Indus., 2006 U.S. Dist. LEXIS 15784 (S.D.N.Y 2006),
where an email boilerplate disclaimer was used as evidence weighing against
the finding of a binding contract between the parties.
You're right
about the attorney duty to return mis-sent documents, but there are many other
legal situations where email footers can be necessary for different reasons (
i.e. to prevent an attorney-client relationship from being formed over email,
statutorily mandated disclaimers for stockbroker promotions, etc.).
All
I can say in this context is that it seems like the email footer boilerplate
would have some sort of legal effect in the US, but from the lack of precedent
on the matter, its hard to say what and how much effect.
Regards,
C.T. Aiken
On 21 Jun 2007 21:30:18 -0000, John
Levine <johnl at iecc.com>
wrote:
> >That said - Harald - either document that there is
precedent in US Law to
> >set aside the disclaimer statement in the
Tobias' email or back off the
> >commentary ...
>
>
Seems to me it's first incumbent on you to show that disclaimers in
>
e-mail have any effect whatsoever. Can you show any US case
or
> statute law?
>
> My understanding is that when
attorneys are sending each other faxes,
> they put on this sort of
notice because as a matter of professional
> ethics, they're supposed to
return faxes sent to each other in error,
> which happens a fair amount
due to hitting the wrong speed dialing
> button.
>
> But
despite asking this question all over the place for many years, I
> have
never found any reason to believe that they mean anything when
> sent
in e-mail, nor that even in a fax that they affect anyone other
> than
another attorney. I sure don't pay any attention to them.
>
> R's,
> John
>
>
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