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Re: How does CVS Login Work?

From: Mark D. Baushke
Subject: Re: How does CVS Login Work?
Date: Thu, 19 Jun 2003 10:05:30 -0700

WARNING: This E-MAIL is potentially in violation of your disclaimer (I
am quoting the disclaimer portion only). The disclaimer is hereby
rejected for the purpose of this reply and this e-mail message should be
considered open and able to be forwarded to anyone and placed in any
archive and used for any purpose.

I am CCing your postmaster. You should inform your legal department that
your disclaimer has been disclosed to an open e-mail list address@hidden

address@hidden writes:

[...a confidential e-mail message to address@hidden has been elided
from this location of the e-mail. It is not possible for us to answer
such a question with the restrictions given by your disclaimer...]

Feel free to restate your question after you have ensured removal of the
disclaimer. I personally will not answer it until the text of the
message and any dialogue that follows its thread is allowed to be freely
redistributed to anyone for any purpose.

Here is a copy of the offending disclaimer:

> **********************************************************************
> The information contained herein is confidential and is intended solely for 
> the addresse(s).  It shall not be construed as a recommendation to buy or 
> sell any security.  Any unauthorized access, use, reproduction, disclosure or 
> dissemination is prohibited.
> Neither SOCIETE GENERALE nor any of its subsidiaries or affiliates shall 
> assume any legal liability or responsibility for any incorrect, misleading or 
> altered information contained herein.
> **********************************************************************

The above disclaimer information is being ignored for application to
itself. You have transmitted your query to an open mailing list and the
purpose of the list is to share rather than hoard information. You may
NOT prohibit the spread of information posted to this list and it is
very possible that your e-mail is now archived on a number of sites that
are able to be searched which will violate your confidentiality
agreement. There is nothing I can do to help you get those sites to
remove your e-mail.

If you do not cause that disclaimer to be removed, you will not ever get
a response that does not include some kind of complaint like this one.

        -- Mark

PS: The following information was posted recently by Greg A Woods
concerning the use of disclaimers such as yours... I share it with you
in the spirit of keeping this list open for the exchange of ideas and

         --------------- concerning disclaimers ---------------

This e-mail puts you on notice that I will not be bound by your
confidentiality notice and will feel free to review, disclose,
distribute, archive, laugh at, be amused by, poke fun publicly at,
and/or publish anything I get in e-mail, either directly or indirectly,
and whether intended for me or not, without any further notice.  If you
don't feel comfortable with that, I suggest that you not send any
e-mail, especially not to me or any mailing list I might subscribe to;
or at least that you use strong digital encryption to ensure that your
e-mail can't be read by anyone other than its intended recipient.  There
are many ways to do this, including using such things as PGP, Lotus
Notes, S/Mime, and many other similar systems.

I apologize to you if it was not your decision to add this notice to
your e-mail.  However, given the number of places that have legalized
shrink wrap licenses and the similarity of this license to same, I feel
like it is incumbent on me to put you on notice immediately regarding my
rejection of your notice.  Please forward it to whoever in your legal
department or management chain you deem as appropriate.

EULA  -  [ All rights to the preceeding communication are fully retained by 
the author, the non-exclusive right to read and/or reproduce the preceeding 
text is hereby licensed to the public, subject to the following conditions:  
(a)  Scope of Use:  No person may read the preceeding text without first 
agreeing to be bound by these conditions.  Reading, perusing, scanning or 
otherwise viewing or percieving the preceeding text whether by visual, 
auditory, olfactory, gustatory or tactile manner constitutes agreement to 
these terms.  (b)  Fair Use of Material:  license is granted for fair use of 
the preceeding material, including but not limited to reproduction in whole 
or in part, quoted or unquoted, so long at that use does not annoy, offend, 
irk, distress, disturb, bother, harry or otherwise taunt, tease, belittle, 
libel, slander, critisize, contradict, dispute, demean or cause to be so the 
author of the preceeding work.  (c)  Limitation of No Offense:  No person 
reading or otherwise consuming in any way such as (but not limited to) those 
methods described in part (a) is permitted to be offended, annoyed, irked, 
distressed, disturbed, bothered, or harried by the preceeding text.  If the 
preceding text would do so, the license for it's use is pre-emptorily 
withdrawn and voided prior to it's reading.  (d)  Waiver of Recourse:  the 
Licensee or Potential Licensee agrees prior to acceptance of this agreement 
to hold harmless and indemnify the author against any claim, civil or legal, 
which might arise from the perusal of the preceeding material.  (e) 
Severability:  The invalidation of any part of this license agreement shall 
in no way void the whole or affect the application of any other part of this 
agreement.  (f)  Sense of Humor:  Any potential reader without a sense of 
humor is referred to parts (c) and (d) of this agreement and requested to 
note that the lack thereof is disqualified as mitigation of any of these 
terms. ]

If you and/or your PHB still think your mailer should automatically
attach a stupid disclaimer like this one to all your outgoing e-mail
then please also read this:


              --------------- message ends ---------------

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