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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 18:00:12 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rahul Dhesi wrote:
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.

"The difference seems subtle" is a distinction without a difference.

The legal mechanism for "termination of rights" in a copyright license after a breach is "rescission" of the contract.

Sincerely,
Rjack :)


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