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===[[Email]] is not an [[electronic messaging system]]?=== | ===[[Email]] is not an [[electronic messaging system]]?=== | ||
This was the hinge point of the case: does [[email] count as an [[electronic messaging system]] under {{ | This was the hinge point of the case: does [[email] count as an [[electronic messaging system]] under {{1992ma}}? No, thought Andrews J. because: | ||
{{box|“In 1992, email was not in common use and thus the reference to “[[electronic messaging system]]” is unlikely to have been intended to include it.”}} | {{box|“In 1992, email was not in common use and thus the reference to “[[electronic messaging system]]” is unlikely to have been intended to include it.”}} | ||
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The court does not seem to have heard any evidence on this point. A cursory glance at Wikipedia would suggest this is wildly wrong: the SMTP protocol, over which email is still transferred today, was published in 1982. It is true that the '''expression''' “email” didn’t enter the lexicon until 1993 – ''but that is consistent with nascent email being treated as a kind of [[electronic messaging system]]''. | The court does not seem to have heard any evidence on this point. A cursory glance at Wikipedia would suggest this is wildly wrong: the SMTP protocol, over which email is still transferred today, was published in 1982. It is true that the '''expression''' “email” didn’t enter the lexicon until 1993 – ''but that is consistent with nascent email being treated as a kind of [[electronic messaging system]]''. | ||
Andrews J compared with the equivalent provision in the {{2002ma}}. This | Andrews J compared with the equivalent provision in the {{2002ma}}. This ''does'' include [[email]], as a separate item from “[[electronic messaging system]]”: | ||
{{box|{{ISDA Master Agreement 2002 12}}}} | {{box|{{ISDA Master Agreement 2002 12}}}} |