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Posted By: maryyugoWhen you send email to someone without a copyright symbol or a contract, I believe you are giving up any rights. I'm no expert in this. I remember reading the arguments somewhere years ago.
One might think that they obviously own the emails but as the judgment makes clear once you think about what that would mean, it is not that obvious an answer.
There are essentially 5 possible answers. Either
i) the sender owns the email;
ii) the receiver owns the email (by analogy with a letter);
iii) the sender owns the letter but grants a licence to the receiver to use the email for legitimate purposes;
iv) the receiver owns the letter but the sender has a licence to retain a copy and use it for legitimate purposes; or
v) ownership is shared between the sender and recipient (and therefore also between anyone to whom it is subsequently sent).
The judge rejected i) and ii) on the basis that if i) applied the sender would have the right to demand that any recipient no matter how far along the chain must delete the email and if ii) applied the recipient would have the right to demand that the sender delete its copy of the email and so on. In that case the only person entitled to the email would be the very last recipient.
As regards options iii) and iv) the judge considered that there was no point in either of those given that there would only be very rare circumstances where someone might legitimately want to prevent someone else from using an email sent to them and where they could not already rely on the law of confidence to do so.
The judge also rejected option v) on the basis that that would lead to absurd results as well. For example, anyone who sent you an email could on that basis demand access to your servers to see to whom you forwarded the email and that could apply to anyone no matter how many people stood between you and the original sender.
On that basis the judge rejected the company’s claim to a proprietary right to the emails.
Posted By: maryyugo
http://www.gardnercroft.co.uk/emagazine/who-owns-your-emails/
It's important to note that there is precedent for letters. The recipient, not the author, owns letters. You can sell them and copy them without permission. If you don't like that, don't send the letter!
Ang: I don't have time to catch it all.
Posted By: OmphaloskepticKrivit and Rothwell must sit at their computers day and nightNah. I've been accused of doing the same from the other side but all it is in my case anyway, is Google alerts.
coldfusionnow.wordpress.com is no longer available.
The authors have deleted this site.
Posted By: alsetalokinWait until they hear about FleisswaterIs that HEIDI Fleiss water?