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From: | Hyman Rosen |
Subject: | Re: SFLC stipulated dismissal of Comtrend without any settlement |
Date: | Tue, 04 May 2010 16:13:22 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 4/9/2010 3:46 PM, RJack wrote:
Crank this Mr. Denier: "To apply the doctrine of promissory estoppel, the proponent must demonstrate: (1) a clear and unambiguous promise; (2) reasonable and foreseeable reliance by the party to whom the promise is made; and (3) an injury sustained in reliance on the promise (see NGR, LLC v General Elec. Co., 24 AD3d 425 [2005]). Estoppel requires detriment to the party claiming to have been misled (see Nassau Trust Co., 56 NY2d at 184)."; New York Supreme Court, Kings County Docket No. 2009-04019
There is no estoppel with respect to the GPL since the GPL clearly spells out the requirements for allowing covered code to be copied and distributed. That an anti-GPL crank believes the permissions of the GPL apply while the requirements do not simply confirms that person as a crank, but does not impact the GPL at all.
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