From: Michael Froomkin <froomkin@law.miami.edu>
Date: Fri, 24 Nov 1995 04:57:14 +0800
To: "Dr. Dimitri Vulis" <dlv@bwalk.dm.com>
Subject: Disclaimers [WAS Re: Java & Netscape security [NOISE]]
In-Reply-To: <Pa01eD16w165w@bwalk.dm.com>
Message-ID: <Pine.SUN.3.91.951123153601.26616D-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain


I don't want to ruin a nice thanksgiving by starting a flameware.  So let
me just say that whether a post from a Tron.com address by a person saying
"I don't speak for tron corporation" would be held to be a valid
disclaimer is complicated, fact-driven, and (unless there is a state
statute that speaks to the question) a question of what it was reasonable
for an average reasonable recipient to think under the circumstances. 
Anyone who says "precedent says X" on this subject is oversimplifying. 
For one thing there are 50 states.  They may not all have the same answer
for given facts.... 

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.