[U-Boot-Users] Tftp command !!

[Jerry Van Baren]

Dear Amit,

Preliminary comment: Wolfgang is lashing out at stupid disclaimers, 
don't take it personally.  We all realize you didn't write the stupid 
disclaimer and cannot remove it.

Amit Kumar wrote:
> Dear Wolfgang,
> 
> Kindly read disclaimer properly or show to your lawyer.
> 
> "This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION
> intended solely for the use of the addressee(s)."

No it doesn't.  Your email was neither PRIVILEGED nor CONFIDENTIAL.

In the USofA, the term "privileged" as used in this context is a 
specific type of communications with a lawyer who is in a formal, legal 
way your (or your company's) representative.  This email clearly falls 
outside of that category.

Email is *never* CONFIDENTIAL if it is sent unencrypted on an 
unprotected network.  If it is encrypted and/or on a network internal to 
your company or over a secured VPN, you may have a reasonable 
expectation that the email is confidential within the bounds of your 
company and/or the limitations of the encryption.  This email clearly 
falls outside of that category.

Further, this email list is known to be archived by several servers 
(e.g. sourceforge, gmane, nabble) which are then indexed and cached by 
several search engines (e.g. google, yahoo, microsoft), not to mention 
snapshotted by archivers (e.g. the wayback engine).  Anyone now and in 
the future that has internet access can read it.  Obviously the list of 
addressees does not include everyone in the present and definitely not 
everyone in the future.

> You are not understanding the disclaimer at all. I am highly
> surprised. If your lawyer says that you are correct then as mentioned
> by you earlier you can report to management of my company.

If your company's legal disclaimer was actually written by a lawyer, and 
I strongly suspect it was not, that lawyer is either totally ignorant of 
the inherent characteristics of email or totally incompetent.  If the 
former, he should be educated on the inherent characteristics of email 
(see the analogy below).  If the latter, your company should replace him.

Rather than putting stupid useless disclaimers on non-PRIVILEGED, 
non-CONFIDENTIAL emails, a competent lawyer would/should give competent 
legal advice like DON'T EVER SEND PRIVILEGED OR CONFIDENTIAL INFORMATION 
over a service that has no expectations of privacy or confidentiality 
and "go medieval" on anybody that disregarded that advice.

As an analogy, sending PRIVILEGED AND CONFIDENTIAL information over 
email is *worse* than sending PRIVILEGED AND CONFIDENTIAL information 
written on a postcard and mailed out.  For a postcard, anybody between 
your outbox and the recipient's inbox can read the postcard, *most* of 
them *legally.*  This includes all of the mail handlers in your company, 
all of the mail handlers in the route from your company to the 
destination company (including any government security services, 
especially if it crosses a border) and potentially industrial spies (OK, 
*they* might be reading the postcard illegally, but legalities never 
stop a good spy).

> You are preventing people like us from sharing information on this
> esteemed mailing list for which I think you are the moderator.

Relax.  The information is still being shared.

> Regards,
> Amit

HTH,
gvb

> -----Original Message-----
> From: wd at denx.de [mailto:wd at denx.de]
> Sent: Thursday, July 10, 2008 4:37 PM
> To: Amit Kumar
> Cc: u-boot-users at lists.sourceforge.net
> Subject: Re: [U-Boot-Users] Tftp command !!
> 
> In message <3F8E087F6663404B945D1FCF703777D115C5C7E2B3 at BLRKECMBX06.ad.infosys.com> you wrote:
>>> If you had to make changes, this means that you are not running on the
>> very same hardware as trhe board configuration was made for.
> 
> I don't really believe that.
> 
>> [Amit]: If you look at my so called "changes" they don't make any difference. For example #defining one FLAG does not mean that there is change. README clearly mentions that if one wants particular piece of code to be enabled then #define it. Secondly,
>> there is increase in number of sectors.
> 
> But on the " hardware as trhe board configuration was made for", the
> number ofd sectors is OK. Which means you must have somewhat different
> hardware.
> 
> But if you don't believe me I can't help it. Feel free to find your
> own way.
> 
>> [Amit]: As per the disclaimer "If you are not the intended recipient and you copy, disclose, or distribute this e-mail or its contents to any other person" then such actions are unlawful. In this case, intended recipient is u-boot-users at lists.sourceforg
> 
>> e.net ... so I think there should not be any problem.
> 
> A mailing-list is not a person in the legal sense. Ask you lawyer. You
> are in trouble.
> 
> 
> Best regards,
> 
> Wolfgang Denk
> 
> --
> DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
> HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
> Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
> When a man sits with a pretty girl for  an  hour,  it  seems  like  a
> minute.  But let him sit on a hot stove for a minute -- and it's lon-
> ger than any hour. That's relativity.              -- Albert Einstein
> 
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