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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 (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

"[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).

Rjack :)

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