----- Original Message ----- From: "Jay Chandler" <[EMAIL PROTECTED]> 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 _______________________________________________ freebsd-questions@freebsd.org mailing list http://lists.freebsd.org/mailman/listinfo/freebsd-questions To unsubscribe, send any mail to "[EMAIL PROTECTED]"
