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The legal doctrine is called "equitable estoppel". If you unilaterally promise something, you cannot then unilaterally withdraw that promise if, in doing so, you would cause harm to anyone who had relied upon that promise.
The classic case is this: you own a property in London. It is war-time, and you are finding it difficult to let the building. So you promise a potential lessee that you'll charge much-reduced rent for the duration of the war. The potential lessee agrees, and takes a lease. The war ends; you now say "you owe me the normal rent for the war years, which is much higher than the rent I actually charged you. And the war is over so you can afford to pay".
The English High Court, in 1947, basically said, "Bugger Off: you promise something, you can't go back on that promise if it causes detriment to someone who relied on your promise".
Microsoft promises not to sue in various circumstances; they cannot subsequently unilaterally withdraw that promise and hope to have their "rights" enforced.
And it's irrelevant if it's Microsoft or someone who has subsequently bought their patents or their patent right: Microsoft have renounced their patent rights in these specific circumstances. No-one may subsequently seek to enforce those rights, to the detriment of others, without bumping into the equitble estoppel brick wall.
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No-one may subsequently seek to enforce those rights, to the detriment of others, without bumping into the equitble estoppel brick wall.
What a funny little world you live in.
If you've kept up with the "developments" of the legal system in recent decades, you know that a big company does not ever need to win in order to wield their power. All they need is a large sack of cash and lawyers and either intimidate or appeal endlessly until the other guy runs out of money. The threat of that alone has already forced many small players into undisclosed out of court settlements.
So again, while we all would like to live in a world where the side who is right is the side who wins, the real world favours the side with the money.
The legal system does not work like a computer.





Member since:
2007-02-18
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I always got the feeling that people were skeptical/prejudiced about/against the promise simply because of its name, as if it would sound naive to accept it because it would be like "believing" in a personal guarantee. But really, I haven't informed myself sufficiently to know the grounds for skepticism.
Does any of that really matter? Let's suppose one day, Microsoft decides to unilaterally go back on their legally binding promise. Who has the money to sue them and can they guarantee the court won't just invalidate the promise?
People were/are skeptical/prejudice of the promise, not because of the name, but because of who made it and their history. If Google were to make a promise of any sort, people would tend to believe it. In this case, it's Microsoft and can we really trust any of their promises?