"scanning" e-mail [WAS: 3 Free Gmail invites]

From owner-nanog@merit.edu Fri Aug 20 10:07:59 2004
Cc: Patrick W Gilmore <patrick@ianai.net>
From: Patrick W Gilmore <patrick@ianai.net>
Subject: Re: "scanning" e-mail [WAS: 3 Free Gmail invites]
Date: Fri, 20 Aug 2004 10:34:31 -0400
To: nanog@merit.edu

> i got told otherwise, but again this hasnt been tested in a court by
> me. i
> forget the exact detail in the conversation but it was comparing the
> disclaimer
> to what you get in regular mail.. so things like confidentiality,
> opening an
> attachment meaning you agree to things are allegedly okay.

Maybe the UK is different than the US. But if I get something
addressed to me in the mail (dunno about it if it was addressed to
someone else and accidentally delivered), it is MINE. Period. If I
did not order it, too damned bad, I get to keep it, it's a gift.

U.S. law is similar, for _unsolicited_ materials. 'Mis-delivered' materials,
must be returned to the Postal Service, -unopened-, for proper delivery.
(It is a _crime_ to open such mail).

However, even if you do own the 'thing' that was mailed to you, you still
must respect the IP rights of the copyright owner of any such material
in that 'thing'.

Ownership of the 'physical artifact' does not include copyright control.

Bringing this back on topic, IFF that can be extended to e-mail (and my
understanding is that it can), the disclaimer is worthless - at least
the part about having to delete it.

Yup. Totally worthless. It is the realm of 'contract law', which, among
other things requires a 'meeting of the minds' before any contract can
be formed.

                                     There is some question about
whether I can post it publicly (as you saw earlier), and I don't have
the motivation to test it in court, but I certainly feel perfectly
comfortable reading the contents of the e-mail and any attachments, and
doing whatever I like with the information, baring limitations set by
any previous agreements (e.g. NDAs).

Copyright is retained by the sender. Aside from copyright issues, you
are free to do whatever you like with the message, any 'disclaimers'
not withstanding.

Would anyone care to correct me on this? IANAL, and don't even play
one on TV. :slight_smile:

Not much that needs correcting. <grin>

> as you say tho this cannot be extended to some things such as by
> reading this
> you owe me $1m etc but the reasonable and logical bits are allegedly
> enforceable
> to some degree

Kelvin or Rankine? <grin>

The ones that say 'if you are not the person to whom this message was
addressed' may have a chance of being upheld. How good that chance is
is *very* dependant on circumstances. The ones that say 'if you are not
the persom for whom this message was _intended_' have no chance of prevaling
on _that_ basis.