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Old 09-28-2009, 08:02 AM
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Join Date: Sep 2009
Location: VA, USA
Posts: 1

People conducting "shady" businesses online


What is the name of your state (only U.S. law)? Virginia

Hello, there have been a couple things in the past that I have looked to buy or get done online that are not considered legal in most jurisdictions. Let's just use "burned DVD distribution" as the example. So say the person selling them makes it pretty clear what they are offering (illegal burned DVDs) but when you email them to ask them about it they put a disclaimer at the bottom of the email that supposedly claims you cannot use any of the email content against them in a court of law.

Does this actually hold any weight? Below is an example of one such disclaimer that I saw at the bottom of one person's message.

Quote:
The information contained in this message is privileged and private and contain information that is exempt from disclosure under applicable law. It is intended for the sole use of the individual or entity named or designee. By reading and replying to this email, the designee acknowledged that it is not legal to purchase copied disc and agree to hold the sender free of any charges and harmless in any case. Sender will not be held responsible under any circumstances. The recipient of this email also agrees that information in this message and any transaction associated with this purchase will not be used as evidence in court of law. By replying to this email, the recipient agrees to all information listed herein.
Basically it looks like it says you can't use anything from this email against them in court. So my question is - would this actually hold up in court? I understand that instead of using the email as evidence they could easily just track a payment method or shipping method to prove them guilty, I understand it is still illegal, but that's not my question.

Thanks!
  #2  
Old 09-28-2009, 09:11 AM
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Join Date: Mar 2006
Posts: 6,673
While it wouldn't hold up in court, it would certainly make any claim of lack of intent or actual knowledge more difficult for the receiver.
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