Date: Thu, 18 Jan 2007 23:29:23 -0800 From: "Ted Mittelstaedt" <tedm@toybox.placo.com> To: "Jay Chandler" <chandler@chapman.edu>, "freebsd-questions" <freebsd-questions@freebsd.org> Subject: Re: Mail etiquette (was: What is this mean by this term) Message-ID: <013901c73b9b$8b074e70$3c01a8c0@coolf89ea26645> References: <04E232FDCD9FBE43857F7066CAD3C0F126733D@svmailmel.bytecraft.internal> <45B01FEC.1030008@chapman.edu>
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----- Original Message ----- From: "Jay Chandler" <chandler@chapman.edu> 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 contract. 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 whatsoever. Ted
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