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Re: Sharing the GPL source code, with value addition by vendor specifi

From: Alexander Terekhov
Subject: Re: Sharing the GPL source code, with value addition by vendor specifictohis hardware?
Date: Wed, 08 Dec 2010 16:03:51 -0000

RJack wrote:
> On 10/13/2010 9:30 AM, David Kastrup wrote:
> > Hyman Rosen<>  writes:
> >
> >> On 10/13/2010 8:17 AM, Alexander Terekhov wrote:
> >>> Hey Hyman how is the progress to get the source code for a
> >>> refurbished Insignia player you so badly needed some time ago,
> >>> silly?
> >>>
> >>> <chuckles>
> >>
> >> Nothing yet. This is, of course, why the SFLC is still pressing
> >> its suit against Insignia. If it gets to trial, Insignia will be in
> >> the rather odd position of having promised to comply with the GPL
> >> in its manual. Sounds like promissory estoppel to me.
> >
> > Promissory estoppel is a defense, not a complaint.
> >
> Really?
> Google <"promissory estoppel is a cause of action">.

Poor dak should go directly to

"In the case of promissory estoppel, the party trying to weasel out of
an agreement is "estopped" from asserting any of the usual defenses to a
contract: no agreement in writing, lack of consideration, that sort of

The theory of promissory estoppel provides:

A promise which the promisor should reasonably expect to induce action
or forbearance on the part of the promisee or a third person and which
does induce such action or forbearance is binding if injustice can be
avoided only by enforcement of the promise.

Restatement (Second) of Contracts ยง 90(1) (1981)

Note well: the promise has to be something it would be reasonable to
expect people to rely on: you can't be legally bound to a promise made
jokingly. "


"Plaintiff Erik Andersen is a work-from-home father who has gifted 
to the world software underlying a significant body of consumer
electronics." ROFL
                     -- SFLC crooks Ravicher, Williamson, Spiegel
(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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