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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rjack
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 25 Feb 2009 08:44:47 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rahul Dhesi wrote:
Rjack <address@hidden> presents another irrelevant citation:

"Generally speaking, New York respects a presumption that terms of a
contract are covenants rather than conditions....

The GPL is very clear that its conditions are conditions.  From version 2,
and note the parts that I have capitalized:

  Any attempt otherwise to [do other things] will AUTOMATICALLY
  TERMINATE your rights under this License.

  If... conditions are imposed on you...that contradict the CONDITIONS
  of this License, they do not excuse you from the CONDITIONS of this
  License.

"[A] breach by one party does not automatically result in rescission of a contract. Id. at 238 ("New York law does not presume the rescission or abandonment of a contract and the party asserting rescission or abandonment has the burden of proving it")."; Atlantis Information Technology, Gmbh v, CA Inc., 2007 WL 1238716 (Eastern District of New York, 2007).

Sincerely,
Rjack :)


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