Re: [Full-disclosure] Email Disclaimers...Legally Liable if breached?

[Ray P <sixsigma98@xxxxxxxxxxx>]

There is a good reason. There are two types of copyrights in the US: implicit 
and registered. For a long time now, a work receives an implicit copyright at 
the instant it is created. If someone violates an implicit copyright, the 
owner's only legal recourse is to go to court and get an order to stop the 
infringing use. Zero dollar damages.

If the work is registered by filing a copy with government on the appropriate 
form (TX?) and a fee, then the legal recourse includes the ability to get money 
in damages.

The copyright fee used to be $20 per. Imagine if you couldn't send an email 
until the contents had been filed, fee paid and a registration document 
received. Not only would email get really expensive, it wouldn't be very 
timely. :-)

Ray

Date: Wed, 10 Oct 2007 22:44:08 -0700
From: gimmespam@xxxxxxxxx
To: full-disclosure@xxxxxxxxxxxxxxxxx
Subject: Re: [Full-disclosure] Email Disclaimers...Legally Liable if    
breached?

On 10/10/07, Ray P <sixsigma98@xxxxxxxxxxx> wrote:

Would the _intended_ recipient have a case against the sender for contractual 
failure to protect confidential information (or whatever) if the _un_intended 
recipient posts it somewhere or otherwise discloses its contents?

 
I'm surprised we don't see more disclaimers with a copyright statement in them. 
I would think that using copyright law as an argument against unauthorized 
distribution of an email would stand a better chance in court than a 
non-binding disclaimer at the bottom of the message.

 

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