Subject: Re: Copyright and legalese
To: Paulo Alexandre Pinto Pires <p@ppires.org>
From: Perry E. Metzger <perry@piermont.com>
List: netbsd-docs
Date: 02/10/2004 16:14:13
"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.
--
Perry E. Metzger perry@piermont.com