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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: Sat, 28 Feb 2009 13:11:40 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <address@hidden> writes:

>There is no "automatic termination" in the Second Circuit:

> . . rescission of the contract only occurs upon affirmative acts
>by the licensor, and a breach by one party does not automatically
>result in rescission of a contract....

You are still mixing up the concepts of termination and rescission.

Here's a nice link from Australia (which follows English common
law same as in the US) that explains the difference:

  http://law.anu.edu.au/COLIN/Lectures/frust.htm

And also, note that the GPL talks about termination of a person's rights
under the GPL, not termination of a contract.
-- 
Rahul
http://rahul.rahul.net/


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