Rahul Dhesi wrote:
Rjack <[email protected]> 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 :)
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