Legal advice - posting e-mail conversations on the net

Mulder · 14 Mar 2006 at 11:03

I am currently involved in a dispute with an American company that organises volunteer trips. I would like to publicise some of their responses on my website so that other people can be better advised how they treat cases that "go wrong". Is there anything illegal about doing this? Thanks!

Mr Man · 14 Mar 2006 at 11:04

No too sure on the law but first off do they have a disclaimer of any sort at the bottom?

Mulder · 14 Mar 2006 at 11:05

Mr Man said:
No too sure on the law but first off do they have a disclaimer of any sort at the bottom?

Not at the bottom of any of their e-mails, no.

HeartburnHarry · 14 Mar 2006 at 11:10

I'm sure that it was proven that all those email disclaimers are nothing more than a bunch of threatening words, in that they hold no legal basis whatsoever.

Mr Man · 14 Mar 2006 at 11:11

HeartburnHarry said:
I'm sure that it was proven that all those email disclaimers are nothing more than a bunch of threatening words, in that they hold no legal basis whatsoever.

In that case go for it, there are plenty of sites out there that have quotes from emails on them.

Pudney · 14 Mar 2006 at 11:12

Mulder said:
Not at the bottom of any of their e-mails, no.

As my (incredibly limited) understanding goes, if there's no mention that the emails are private and confidential, and should not be shared with third parties, then there should be no reason why you can't. It wouldn't infringe copyright/libel (is that the written one?)or any similar laws as far as I'm aware, but like I say, I'm in no way an expert.

Slime101 · 14 Mar 2006 at 11:15

E-mail disclaimers actually have to be at the TOP of an email to be worth anything, because notifying someone thats its private after the event is no good...so if not present or at bottom post away

Mulder · 14 Mar 2006 at 11:27

OK, cheers dudes. I'll post away.

Arcade Fire · 14 Mar 2006 at 11:31

Pudney@work said:
It wouldn't infringe copyright/libel (is that the written one?)

It wouldn't be libel because that would involve you saying something demonstrably false about them to a third party. Putting up emails that they've sent you has nothing to do with libel.

yer_averagejoe · 14 Mar 2006 at 11:31

camp america? what was the company?

Sequoia · 14 Mar 2006 at 11:31

Mulder said:
OK, cheers dudes. I'll post away.

Be careful about context, though. I'd advise against selective quoting that gives a misleading impression. Even if simply quoting, it could be defamation, if the context is ignored and the impression given deceptive .... and damaging.

Unless you're wealthy, you don't want to be facing legal action for defamation. If this company can afford lawyers and you can't, be careful about what grounds you give them for taking that route.

Sequoia · 14 Mar 2006 at 11:32

Edit - double post.

Removed.

Mr Man · 14 Mar 2006 at 11:36

Mulder said:
OK, cheers dudes. I'll post away.

Also be careful as if the dispute is still on going it might have some bearing on the outcome.

Pudney · 14 Mar 2006 at 11:38

Arcade Fire said:
It wouldn't be libel because that would involve you saying something demonstrably false about them to a third party. Putting up emails that they've sent you has nothing to do with libel.

That's why I said it wouldn't infringe that particular law

Mulder · 14 Mar 2006 at 11:38

Sequoia said:
Be careful about context, though. I'd advise against selective quoting that gives a misleading impression. Even if simply quoting, it could be defamation, if the context is ignored and the impression given deceptive .... and damaging.

Unless you're wealthy, you don't want to be facing legal action for defamation. If this company can afford lawyers and you can't, be careful about what grounds you give them for taking that route.

What about quoting them where they have directly contradicted themselves?

Borris · 14 Mar 2006 at 11:43

I would quote all of the emails in their entirety - that removes any suggestion that you are attempting to misrepresent them.

Jet · 14 Mar 2006 at 11:43

I wouldn't if you think there is a risk of legal action.

There is no reason why these emails are not copyrighted. I literary work does not have to be published to by copyright protected. Most copyright cases obviously deal with novels, poems etc but private diaries have been held to be copyrighted so I see no reason why private emails will not be.

Of course the company may not know this and/or don't want the hassle. Be careful though.

Mulder · 14 Mar 2006 at 11:46

Borris said:
I would quote all of the emails in their entirety - that removes any suggestion that you are attempting to misrepresent them.

So you believe quoting them where they have contradicted themselves is attempting to "misrepresent" them? Surely it's just making the read a little easier on the reader and pointing out where they have done wrong? My qualm with posting the e-mails in their entirety is that is partly defeats the object of setting up the site, as readers will not sift through masses of transcript to see where the company is wrong.

Mulder · 14 Mar 2006 at 11:48

Jet said:
I wouldn't if you think there is a risk of legal action.

There is no reason why these emails are not copyrighted. I literary work does not have to be published to by copyright protected. Most copyright cases obviously deal with novels, poems etc but private diaries have been held to be copyrighted so I see no reason why private emails will not be.

Of course the company may not know this and/or don't want the hassle. Be careful though.

I don't think legal action is likely, but obviosly I am acting as though it is probable. I just want my money back!

Borris · 14 Mar 2006 at 11:50

Mulder said:
...

Any editorial on your behalf could be construed as changing the meaning - My suggestion would mean that, were this go to extremes and become a defamation action, you have removed that particular string from their bow.

You might not consider selective quoting as misrepresentation, but they could, and they might act upon it.

Legal advice - posting e-mail conversations on the net

Wise Guy

Wise Guy