[LINK] Fax Cover page disclaimers

[Howard Lowndes]

On Thu, 2004-04-29 at 21:42, Adam Todd wrote:
> I'm curious.  Link covers the "Disclaimer" discussion on occasion, but 
> today I was intrigued by a story in the news, on 2GB and no doubt on 2UE.
> 
> This is over this Alan Jones and Johnny Howard "Do as I tell you" affair.
> 
> Apparently the reason the story broke into the news in the first place is 
> because Howards office sent a private confidential fax to Alan Jones at 2UE 
> and not at 2GB where Jones has worked for almost 2 years.
> 
> (Just further proves hour accurate and up to date Government records are, I 
> now totally understand why ASIC can't update our postal address after 
> sending the forms in by fax twice, by express post twice and once over the 
> phone - recorded of course.)
> 
> So this whole Jones at the wrong fax machine thing caught my 
> attention  Surely there was the usual disclaimer on the over "This fax is 
> intended for the recipient only and should be destroyed or returned if 
> incorrectly received.  The use is for the intended use and all other use is 
> prohibited" kind of line.
> 
> Does this mean Howards office is now going to take legal action against 2UE 
> for leaking/using/publishing the misdirected fax?
> 
> Or does this mean that the disclaimer is totally worthless because no legal 
> basis of contract exists between the sender and the recipient?

Contract isn't in it, it might be a breach of copyright though, but the
media might argue that the disclosure is "in the public interest", which
IMO it very much is...

Besides which could you see the public mudslinging that would go on if
the gummint did try to sue 2UE for breach of copyright in this case.


> 
> Has a Legal Precedent now been set (or going to be set) by the HIGHEST 
> office in the country?
> 
> 
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-- 
Howard.
LANNet Computing Associates - Your Linux people <http://www.lannetlinux.com>
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