On Thu, 22 Apr 2004, ccostelloe at flogas.ie wrote:
> The email was addressed to ILUG, so only ILUGgers are permitted to
> view it, i.e. it cannot be archived for view by others.
Bull.
> Implicit authorisation only arises if there were no sig conditions,
> i.e. you could expect that it may appear publically since you sent
> it to a newsgroup.
Implicit authorisation occured when the person, having subscribed to
a public email list, with public archives, knowingly sent email to
it.
> However, the sig has an explicit ban on distributing it beyond ILUG
> unless that company authorises you (presumably in writing), which
> would override anything implicit.
The sig can not impose restrictions after the fact. Had the poster
had some kind of reasonable expectation that his post would not be
distributed far and wide and archived, eg through prior agreement,
authorisation for further dsitribution would then be needed. However,
clearly the poster does not have this expectation.
Legal notice: If you, here after known as the reader, believe that
appended text to an email, or text otherwise appearing after the main
body of an email, here after known as an "email disclaimer", has any
capacity to impose legally binding conditions on a receiving party,
be that party having been directly addressed by the email to which
the email disclaimer is attached or not, then be advised that by
having read this email you have agreed to pay Paul Jakma, here after
known as the author, a literary licence fee of €500 or other amount
such as may be agreed at a later stage between the read and author at
the author's discretion, and that the reader is obliged to contact
the author at the address indicated for the author in this email
within 30 days to arrange for settlement of the literary licence fee,
and that the failure of which to do so on the part of the reader
grants the author recourse to the standard civil procedures for the
recovery of moneys owed against the reader.
regards,
--
Paul Jakma paul at clubi.iepaul at jakma.org Key ID: 64A2FF6A
warning: do not ever send email to spam at dishone.st
Fortune:
Where do you go to get anorexia?
-- Shelley Winters
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