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Re: Effect of transfer of copyright on free software licenses?

From: Alexander Terekhov
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Fri, 24 Jul 2009 21:28:48 +0200

Hyman Rosen wrote:
> Alexander Terekhov wrote:
> > Okay Hyman, let's dissect it:
> > "All rights under 17 USC 106 are granted to you"
> > this is a grant of rights,
> > "for 1 (one) year"
> > this a scope-of-use limitation (only one year),
> > "provided that you purchase more than $100 of
> > goodies in the previous year"
> > this is an act by which the grant comes into effect and from thereon
> > (for one year) you may enforce it against the offeror if it dares to sue
> > you for copyright infringement -- you will simply move the court to
> > dismiss the case with prejudice and award you attorney fees.
> > The above is a unilateral contract.
> And what is it if you leave out the "provided that" part?

"Terms and conditions. All rights under 17 USC 106 are granted to you
for 1 (one) year. End of Terms and Conditions."



A promise which the promisor should reasonably expect to induce action
or forebeaance on the
part of the promisee or a 3rd person and which does induce such action
or forbearance is binding
if injustice can be avoided only by enforcement of the promise.
Remedy may be limited as justice requires.
**A charitable subscription/marriage settlement binding without proof
that the promise induced
1. Promisor makes a promise he reasonably expects promisee to rely on
2. Promisee in fact reasonably relies on to his detriment.
3. Promise must be enforced to avoid injustice.
First party should be estopped from denying promise because of the
reasonable reliance and a
change of position of the promisee.
A person without any senses because of an accident or disease may be
held liable for the
necessaries frnished to him in good faith while in that unfortunate and
helpless position
regardless of the outcome.
2 Theories:
Promissory estoppel fills in for consideration and creates a binding
contract (contract damages)
Creates only a quasi contract, Reliance Damages.
When a reasonable person relis on a promise to his detriment the
promisee is entitled to the
enforcement of such promise
When a promisor makes a promise knowing that the promisee will rely on
it, the promise must
be enforced.
Used to prevent a liar from saying something to represent what exists."

Hth, Hyman.


(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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