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1. mwsher+W2[view] [source] 2014-06-12 17:27:40
>>gkober+(OP)
There is no legal covenant here. I imagine Tesla’s definition of “good faith” is “we evaluate on a case by case basis”.

Which amounts to “if we like you” and “we reserve the right”. If they wanted these patents to be open source, they would license them explicitly.

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2. icambr+T3[view] [source] 2014-06-12 17:34:47
>>mwsher+W2
I'm curious about this. To what degree is a CEO writing and publicly distributing the statement, "Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology." legally binding? "In good faith" actually strikes me as reasonably interpretable by a court, so I guess the question is just how much "he said so in a blog post" counts. I'd love to hear a lawyer weigh in on this.
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3. pzxc+Y9[view] [source] 2014-06-12 18:34:11
>>icambr+T3
Nothing is legally binding without a meeting of the minds: offer, acceptance, and consideration. Tesla is offering not to sue you, yes. What are you giving Tesla in return? Who signed a contract memorializing this agreement? What money is changing hands?

This promise is just as legally binding as the promises of political candidates when they are campaigning (i.e. not at all), and is worth exactly how much you paid for it (i.e. nothing).

That said, of all the companies out there who can make a promise, Tesla is near the top of my list of the most trustworthy.

Would I believe this promise if Apple, Google or Microsoft made it? Hell no. But for some ineffable reason, I believe Elon Musk when he promises something, and I believe Tesla wouldn't promise something without Musk's approval.

I still would get a license agreement to back up this promise if I were going to use any of their technology, though. You'd be stupid not to. Tesla shareholders could ultimately kick Elon Musk to the curb just as Apple did to Jobs. Musk could pull a reverse-Gates and become an asshole in his old age instead of a philanthropist. Nothing is certain in the world of business.

Trust, but verify.

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4. cma+xa[view] [source] 2014-06-12 18:40:46
>>pzxc+Y9
Not true:

http://legal-dictionary.thefreedictionary.com/Promissory+Est...

Not that it applies here just yet, due to the vagueness of the good faith part.

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