Legal Question in Technology Law in New York

Can a disclaimer protect me?

Let's say I develop an internet site that fabricates excuses for people who visit. They may select an excuse type, and it would text/email a message to their intended recipient through a made up/entered third party. Example - ''Bob asked me to write you to verify that he was working late with me last night.''

This would be designed to be for entertainment purposes only, but I'm worried about the unscrupulous elements who may use it to say they were somewhere else, while they were actually breaking the law.

Can a disclaimer protect the intent of the site in this instance, and prevent it from becoming someone's alibi? Extreme, I know, but I want to cover all bases.


Asked on 3/22/07, 10:33 am

2 Answers from Attorneys

John Friedman Law Office of John K. Friedman

Re: Can a disclaimer protect me?

The problem with disclaimers is they are only known to be valid once a judge says so -- so there's no real way to determine if one will cover any given circumstance fully. That said, assuming that such a device could be drafted - the 100% certain disclaimer -- you'd still have a lot of dealings w/ law enforcement as you can't "disclaim" your obligation to be a good citizen.

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Answered on 3/22/07, 10:52 am
Johm Smith tom's

Re: Can a disclaimer protect me?

Mr. Friedman is correct. You can contact me if you are willing to limit the scope of your idea to minimize your exposure and still be able to go forward with it.

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Answered on 3/22/07, 11:22 am


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