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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rjack
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Sun, 01 Mar 2009 17:00:11 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rahul Dhesi wrote:
Rjack <address@hidden> writes:

I think you're confusing conditions qualifying performance of a
 contract with rescission of a contract but I can't be sure.

You can be sure.  I'm not, you are.

You are ignoring the plain language of the GPL where is says "provided that" several times, and "will automatically terminate"
 at least once.

If you really wanted to provide useful citations, you would find some cases in which repeated uses of such phrases were held not to constitute conditions qualifying performance of a contract.

I bet you would like that Rahul. Unfortunately, if you wish to
refute my cited authority of Graham v James you'll have to do it on
your own dime. The case *clearly* refutes "automatic termination"
due to breach so either you haven't read it or are incapable of
understanding it. Alexander Terekhov also directed you to the same
case. TRY READING THE CASE!!!!

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/2nd/969224.html

So far all I've seen is your pointing to the language of the GPL and
repeatedly claiming "automatic termination" in a manner similar to
RMS pointing to the GPL and claiming "a license is not a contract".
If you are unable to provide legal citations supporting your
implausible legal claims, no else will try it for. You may be over
your head in this group. Try an easier subject.

Sincerely,
Rjack :)








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