Subject: Re: Public domain mistake?
From: Alex Rousskov <rousskov@measurement-factory.com>
Date: Tue, 27 Jan 2004 14:46:10 -0700 (MST)


On Tue, 27 Jan 2004 jcowan@reutershealth.com wrote:

> daniel wallace scripsit:
>
> > Under Utah law, the elements of promissory estoppel are:
> >
> > (1) The promisee acted with prudence and in reasonable
> >    reliance on a promise made by the promisor;
> >
> > (2) the promisor knew that the promisee had relied on
> > the promise which the promisor should reasonably expect
> > to induce action or forbearance on the part of the promisee
> > or a third person;
>
> Since public licenses are promises to everyone, I should think the
> elements of #2 would be hard to establish in any particular case.
> When I license my work, I don't *know* that you rely on my promises,
> since I don't know you at all.

IMO, #2 is pretty much assumed under any license. One does not need to
"know" licensee(s) to know what they rely on. A reasonable license
giver should know that license users rely on the permission to use the
licensed work.

Alex.
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