IANAL, what follows is just my humble opinion!
First: While Sun made
such statements, what Sun stated wasn't a promise of any sort. It may be
possible to use Sun's statements under that portion of Law covering estoppel (or
similar concept). But there's no guarantee of success.
Meanwhile, Google
makes it quite clear this is to be Legally binding (bolding
mine):
It is Google’s intent that the Pledge be legally binding,
irrevocable (except as otherwise provided under “Defensive Termination”
below) and enforceable against Google and entities controlled by Google,
and their successors and assigns.
Secondly, Google provides an
answer to any who may wish to purchase the patents in question (bolding mine
again):
Thus, Google will require any person or entity to whom it
sells or transfers any of the Pledged Patents to agree, in writing,
to abide by the Pledge and to place a similar requirement on any subsequent
transferees to do the same.
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