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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rahul Dhesi
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Wed, 25 Feb 2009 20:52:03 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <address@hidden> writes:

[ original on the topic of conditions versus covenants ]

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

>"[A] breach by one party does not automatically result in rescission 
>of a contract....

Uh-oh.

Automatic termination of rights means that from now on you are no longer
permitted to excercise the rights that were granted to you.

"Recission of a contract" means you went through all the steps of
forming a contract, but then you go back to day 1 as if you never had
one.

The difference seems subtle, but Rjack, I thought you knew the basic
principles?  I'm disappointed.
-- 
Rahul
http://rahul.rahul.net/


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