Re: Copyright Misuse Doctrine in Apple v. Psystar

[Rahul Dhesi]

Rjack <user@example.net> 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/