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Old March 5th, 2002
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Join Date: August 9th, 2001
Location: Philadelphia, PA, USA
Posts: 358
cultiv8r is flying high
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This one could use a sticky, Morgwen It'll help people understand their rights and the legal mumbo-jumbo. For instance, take this Q and A from a C&D letter (found at http://www.chillingeffects.org/prote...gi?NoticeID=95):

Quote:
..."nothing stated or omitted herein shall waive any of my client's rights under all applicable Texas and federal law."...

Question: What does the "reservation of rights" language mean? What are they "waiving" at me?

Answer: Many C&Ds will say something like, "This letter shall not be deemed to be a waiver of any rights or remedies, which are expressly reserved." This is just legalese for saying, "Even if you do what we ask in this letter, we can still sue you later." The language is standard; do not be alarmed. Litigation is extremely unpleasant, and unless your opponent is irrational (always a distinct possibility, of course), it will not bring litigation after it has obtained what it wants.
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