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Can you disclaim liability yet claim IP ownership? |
I recently subscribed to a "Word of The Day" email list. As I was checking out the less than interesting word of the day "shabti" (who doesn't know what a shabti is, really? :) ) I decided to read the often overlooked footer/disclaimer of the email.
For discussion purposes, I place the language here:
Copyright © [COMPANY] 2008
[COMPANY] Disclaimer
This message is confidential. You should not copy it or disclose its contents to anyone. You may use and apply the information for the intended purpose only. [COMPANY] does not accept legal responsibility for the contents of this message. Any views or opinions presented are those of the author only and not of [COMPANY]. If this email has come to you in error, please delete it, along with any attachments. Please note that [COMPANY] may intercept incoming and outgoing email communications.
In reviewing the above, one would think that there is a natural inconsistency with the statements. The first statement is that they own the contents of the email by declaring the copyright rights. Then they follow up with a denial of legal responsiblity for the contents of the message, for which they claim copyright ownership? I am not sure how that works, or if it is even possible.
The email is harmless, and hardly likely to come under scrutiny, but I think their legal department was having a bit of sleep when that came across their desk.
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