Elon Musk can't waive the patents of Tesla Motors, because the patents are probably bank collateral, but he's decided that Tesla will not enforce any of its patents anymore.
Whether the Tesla Patents are such a big deal, is another discussion, but at least I fully agree with the content of his blog post on patents:
http://www.teslamotors.com/blog/all-our-patent-are-belong-you
Knowledge left unshared, is worthless.