At the beginning of November 1985, just five weeks after Apple filed suit against him,
Jobs wrote to Eisenstat and asked for a dispensation.
"I spoke with Hartmut Esslinger this weekend and he suggested I write you a note
expressing why I wish to work with him and frogdesign on the new products for NeXT," he said.
Astonishingly, Jobs's argument was that he did not know what Apple had in the works, but Esslinger did.
"NeXT has no knowledge as to the current or future directions of Apple's product designs,
nor do other design firms we might deal with,
so it is possible to inadvertently design similar looking products.
It is in both Apple's and NeXT's best interest to rely on Hartmut's professionalism to make sure this does not occur."
Eisenstat recalled being flabbergasted by Jobs's audacity, and he replied curtly.
"I have previously expressed my concern on behalf of Apple that
you are engaged in a business course which involves your utilization of Apple's confidential business information," he wrote.
"Your letter does not alleviate my concern in any way.
In fact it heightens my concern because it states that
you have 'no knowledge as to the current or future directions of Apple's product designs,' a statement which is not true."