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Many companies and some ISPs have privacy policies that dictate that "all e-mails are the property of the company." It is a fairly standard policy and is intended to allow an employer to read the contents of inbound and outbound emails and prevent a departing employee from taking "files" sent through electronic communications with them.
But the policy doesnt merely say "we can read your e-mail and you cant take it with you." It says that e-mail is the property of the company or the Internet service provider. This creates implications that there is a transfer of intellectual property rights by virtue of the fact that a particular medium is used for communication. If I write the Great American Novel and e-mail it to a buddy who works for a company with such a policy (assuming they are not a literary agent and that I am aware of their internal policy) is my e-mail now the "property" of the recipient? May the company now publish under their own name my novel because I used e-mail to transmit it? What does it really mean to own e-mail? What does it mean to grant a perpetual license to Facebook postings?
We intend to create a limited right, but in doing so open a Pandoras box.
In other words, words matter in contract law. When writing online contracts, say what you really mean and keep it simple. Hopefully, this will put an end to the kerfuffle.