Re: Copyright Misuse Doctrine in Apple v. Psystar

[Rjack]

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