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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rahul Dhesi
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Tue, 24 Feb 2009 19:23:52 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <user@example.net> writes:

[ still arguing promissory estoppel ]

>"Permission" is a voluntary waiver of a legal right....
...
>The waiver of a legal right also constitutes consideration for a
>promise:

>" 'In general a waiver of any legal right at the request of another
>party is a sufficient consideration for a promise....

I see now. You quoted a GPL fragment out of context, and from that you
concluded that A. somebody requested that a copyright owner waive his
copyright, and B. the copyright owner did so, and C. the person doing
the asking relied, to hiw own deteriment, on this waiver.

Three major problems here. First, A never happened, in the cases we are
discussing. Second, B never happened. And finally, C never happened.
-- 
Rahul
http://rahul.rahul.net/


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