Re: Copyright Misuse Doctrine in Apple v. Psystar

[Rjack]

Rahul Dhesi wrote:
> Rjack <user@example.net> 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
>   License.

"[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).

Sincerely,
Rjack :)