Full Disclosure mailing list archives
Re: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email
From: Steve Kudlak <chromazine () sbcglobal net>
Date: Thu, 06 Jan 2005 02:38:40 -0800
James Tucker wrote:
However policy is bound by the laws of the state in which the entity setting policy resides or these days does business. Legal details are painful and boring sometimes but it determines a lot. Especiallhy when one deals with things like inheiritance and righta of survivorship which often trump policy. However there are a limited number of these legal areas where this can happen. So policy is often policy and the way things go, but people can occassionally twart things and that should be taken into consideration,Policy is policy. If the policy is to be ignored, then so can your copyright signs, any security notices you put on your e-mails to do with anti-theft/anti-eavesdrop or whatever else posted anywhere else. There is no better way to express this issue than, if it gets overruled then it will make a farce of all digital 'agreements' including things such as the GPL or common EULA's. No matter what your opinion on these things as individual items or the context in which they occur, if you remove the meaning of the agreement, there is nothing you can replace it with, as anything could be over-ruled at will. Yes, maybe Yahoo does not have a comprehensive enough agreement to deal with this issue; that would be _an_ opinion. That does not mean ignore the agreement, that should mean maybe correct it for next time, if there is enough agreement among the customer base that the agreement should be changed. Yes, maybe they (e-mails) are part of the estate, except the e-mail itself, that is random bits, that cannot be summed or accounted for properly (a common issue with IS). What DOES physically exist is the agreement which he signed up to, which states exactly what it says. Yahoo could be in as much trouble to override their agreement as to uphold it. I say give them a break; THAT IS WHY THEY SAY _READ_ THE AGREEMENT. Most people just click yes without thinking about it. A contract can say "void after death" (e.g. many non-life insurance contracts), and there are few arguments about that. There should be no difference in that regard here. Read the contract/agreement, act accordingly. That is law as far as I understand it, although IANAL. Evidence of contractual agreement is available, thus the contract must hold true. another $0.02. although this is all getting a little tiring, which is partially why I had to reply. (ironically stupid I know, but hey, I am human too).
Have Fun, Sends Steve _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
Current thread:
- RE: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email Myers, Marvin (Jan 05)
- Re: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email James Tucker (Jan 06)
- Re: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email Steve Kudlak (Jan 06)
- Re: Example of Legal Ruling involving Internet Issues: >> Re: Yahoo and inheiriting someone's email James Tucker (Jan 06)