Subject: Re: Copyright and legalese
To: Perry E. Metzger <perry@piermont.com>
From: Andy R <quadreverb@yahoo.com>
List: netbsd-docs
Date: 02/10/2004 14:10:26
--- "Perry E. Metzger" <perry@piermont.com> wrote:
> 
> "Perry E. Metzger" <perry@piermont.com> writes:
> > The official grant of rights is the version
> written in English by
> > lawyers. (Yes, it was not written by programmers.)
> It should not be
> > tampered with without advice from lawyers, and
> translation (other than
> > unofficial translation) is a form of tampering.
> 
> Let me go further. For example, part of the BSD
> license is a
> disclaimer of the warranty of merchantability. Do
> you know enough law
> to be certain that any term you might use in a
> language other than
> English precisely (not approximately, but PRECISELY)
> corresponds to
> the notion in US law of the warranty of
> merchantability? If you cannot
> perfectly understand notions like "exemplary
> damages", you have no
> business even contemplating a translation.
> 
> Even if you do understand the words and can
> perfectly (not
> approximately, but perfectly) translate them, the
> actual operative
> license is in English, and would be interpreted by a
> court based on
> the language in English, and it is a requirement of
> the license that
> the terms of distribution be included -- which means
> the terms in
> English. You can, of course, provide an unofficial
> translation -- but
> I would point out that it is dangerous to claim to
> provide to someone
> an explanation of their rights under the license
> when you are not
> their attorney, or even an attorney at all.

Don't know about everyone else, but I learned a few
things today. I think I won't touch this one with a 10
foot pole ever again...

Andy

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