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In the open, transparent Web 2.0 world should start-ups copy big public corps use of email legalese like the following for possible future protections, or does this send the wrong message about the start-up trying too hard to sound 'corporate'?

Example: "The information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please resend this communication to the sender and delete the original message or any copy of it from your computer system.Thank You."

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Does that hold any real legal weight? I've always seen that as BS. – Greg Belote Mar 27 '10 at 17:03
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What is the purpose of it? It seems silly to me. – TimJ Mar 27 '10 at 20:06

5 Answers

Althought this is something that many companies (typicaly large ones) do, my understanding is that such messages do not in fact have any legal standing.

To do it just to try to sound 'corporate', or bigger than you are seems a bit unnecessary to me - I think it sends the wrong kind of message to customers.

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+1. The email footer legalese is unenforceable, especially confidentiality stuff (SMTP is non-encrypted format - duh!) Only if you are an attorney, tax person, or accountant do the profession-mandated email footers have a real purpose. – Apollo Sinkevicius Mar 27 '10 at 18:36

When I receive footers like that from a large corporation, I accept it because there are obviously highly placed morons that feel it must be done. Hopefully whoever I'm dealing with isn't part of that chain of command.

If I were to receive this kind of footer from a small company, I would immediately infer that the entire company was not worth doing business with. If they are this dumb when they are small, imagine how they'll be when they get big!

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When I receive emails, with text like the one in your example, it makes me think the people sending it are idiots. Probably with too many lawyers on their payroll. The amount of lost productivity over this type of thing must be enormous.

What legal expert came up with the notion that I should read through an entire email, and when I get to the end of that email I get a notice saying I should not have read the email!!

Think of it this way. Suppose I'm walking down the street and I drop a letter I just typed up on the sidewalk. Suppose the bottom of the letter says:

"The information contained on this page is confidential and top secret, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please walk to a certified paper shredding facility and destroy this document immediately. You must notify the police and our office within 24 hours. Be sure to save your shredding receipt and mail this to us along with a letter signed by a notary public. Thank You."

Is the person who picks this up required to do as instructed? Or should the person who dropped the letter bear all responsibility?

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Like every website that puts a copywrite message at the bottom of their home page. Like anyone wants to copy your crap and if they did you would actually waste time and money to take them to court.

When is my work protected? Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

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While you are correct that your content is copyright without such a notice, I'm not sure I agree with this one. To quote Bob Walsh, from his book, MicroISV Sites that Sell!, "A copyright notice proclaims in a very subtle way that you play by the rules, and can be trusted to play by the rules of intellectual property ownership". – Cocowalla Mar 29 '10 at 12:19
I've never caught that subtle hint and never heard anyone mention it until now. What about places that tell you we're not responsible for lost or stolen articles or we prosecute shoplifters? I really don't get a boost of confidence at restaurants that put up reminders for employees to wash their hands. – JeffO Mar 29 '10 at 15:09

Our attorney says that it is not so much one expects the recipient to do, but rather that courts have accepted the presence of such notices as helpful in protecting any IP that may be in or attached to the email. Here's our version, bit shorter, less "demanding", and done in gray, 10 pt Calibri, so not too obtrusive:

"CONFIDENTIALITY NOTICE: This email communication including any attachments contains information confidential and proprietary to [company]. It is intended only for the recipients identified above and should not be disclosed to third parties without written permission from [company]. If you are not an intended recipient, please notify legal@[company].com and remove all copies of this email."

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