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 > > http://shop.fsf.org/category/gnu-gear/ 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." Right? See http://legallynoted.com/show_pdf.php?pdf_filename=PROMISSORY-ESTOPPEL-RULES-OF-LAW1240444486.doc "PROMISSORY ESTOPPEL RULES OF LAW: 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 action/forbearance. 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. EQUITABLE ESTOPPEL: Used to prevent a liar from saying something to represent what exists." Hth, Hyman. regards, alexander. -- http://gng.z505.com/index.htm (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.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
