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Re: Attorney fees

From: Hyman Rosen
Subject: Re: Attorney fees
Date: Tue, 15 Jul 2008 19:11:48 -0400
User-agent: Thunderbird (Windows/20080213)

rjack wrote:
A court would agree to that because of a doctrine under U.S. common
law known as promissory estoppal:

What in the world are you talking about? Promissory estoppel
applies when someone is induced to action because of a promise
made, and then the one who made the promise refuses to honor it.

In the case of the GPL, the terms of the license are clear, and
no promise is violated by the copyright holder - the recipient
of the licensed software is always free to do exactly as the
license says.

Indeed, the promissory estoppel will work in the opposite
direction; by distributing GPLed software, the distributor has
promised to uphold the conditions of the license, and if he does
not do so, he must stop distributing because only be enforcing
his promise can injustice be averted.

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