[CC-czech] Czech licence - legal code in xhtml and the latest english retranslation

[Jansa Petr]

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Dear Catharine,
attached you find the adjusted retranslation - changes shal be visible in the track changes mode.
In 4b I skipped the reference to Work which is misleading in the unported license and is omitted in both German and US:
Unported: You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. 
US: You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties.
German: Bei jeder Abwandlung, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss unverändert lassen.
In my opinion, the whole sentence shall be left out since the duty to choose an Applicable license and link to it is already there (see below), so it is quite easy to understand that the other sentence sets a different duty - namely to keep intact the reference to license and disclamer contained in the underlying work. Especially in the unported license this reading feels very natural.
Unported: You must include a copy of, or the URI, for Applicable License with every copy of each Adaptation You Distribute or Publicly Perform.
US: You must include a copy of, or the Uniform Resource Identifier for, the Applicable License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform.
German: Sie müssen stets eine Kopie der verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen, wenn Sie die Abwandlung verbreiten oder öffentlich zeigen.
Anyway, I have adjusted the wording to the US and German one.
Have a nice stay in Japan.
Petr
________________________________
Petr Jansa
E-mail: Petr.Jansa at mujmail.cz
Tel.: 777-586-245
________________________________
Od: Catharina Maracke
Přijato: 5.3.2009 6:09:02
Předmět: Re: [CC-czech] Czech licence - legal code in xhtml and the latest english retranslation
Dear Petr, 
Many thanks for your prompt reply. Yes, let's try to discuss over skype since I am not sure if I understand what exactly you mean - I am in Tokyo right now (GMT+8) but I will look for you online tonight my time (Thursday).
Best,
Catharina
On Mar 4, 2009, at 12:06 PM, Jansa Petr wrote:
Dear Catharina,
I am ready for another skypecall later today or tomorrow, I will be off-line on Friday and during the weekend.
Ad Section 4b): 
The reference to "aplicable license" seems to be wrong with respect "keeping intact" previous notices and also with respect to Section 8b. The author/licensor of the Adaptation is free to use any of the "aplicable licenses" for the Adaptation (= his creation), but he is not authorised to relicense the Work as such. 
There should not be a difference on the practical side, since aplicable licenses are "the same in spirit" by the very definition, however it is a big difference from the legal perspective - since the license is a contract under Czech law, it is an unilateral change of contract on the Licensee's side, which is not possible. My understanding is that older versions and different national versions of the same license simply overlap and meet by the final recipient, even thought the recipient if fact only reads the license for the last Adaptation.
This becomes very important in case the author of the Adaptation goes beyond the original restrictions - he/she adapts a BY work and passes the Adaptation with BY-NC-SA license. It is perfectly fine, but the information that the underlying work is BY shall not get lost - thats why reference to THIS LICENSE shall be KEPT INTACT.
Ad Synchronisation:
There is a legal definition of 'use of work in connection with other works' in Czech copyrigth - this includes accompanying a poem with music producing a song, accompanying a film with subtitles or synchronizing it.
We can add the particular example of synchronization, if it is an issue. Does synching include both sound and subtitles or only sound?
We can discuss the wording per skype, writing emails takes too long :-}
Petr
________________________________
Petr Jansa
E-mail: Petr.Jansa at mujmail.cz
Tel.: 777-586-245
________________________________
Od: Catharina Maracke
Přijato: 3.3.2009 7:37:09
Předmět: Re: [CC-czech] Czech licence - legal code in xhtml and the latest english retranslation
Dear Marek and all, 
Many thanks for all your time and work in this project. I have reviewed the final version of the English retranslation as sent by you on February 27th and I have two small - last - questions before we move forward:
1) Definition of "Derivative Work" is missing the clarification regarding synchronization of the Work in time-relation with a moving image (synching) which should be considered an Adaptation for the purpose of this license? 
2) Section 4b) - third paragraph: "When the Licensee distributes or publicly performs a derivative Work he or she must keep intact all notices that refer to this agreement and to the disclaimer of warranties with every copy of the Work as included in the derivative Work." The term "applicable" license has been replaced by "this license". I think this was exactly the question brought up by Lukaz in an E-Mail dated December 8, 2008 after our meeting in Berlin.
I can't really remember that I have discussed this issue with Petr in our call in December - I just recall that I also found this confusing and that we needed to clarify. Before I can give my approval, I guess, I would need some more explanation - maybe we can discuss over skype again?
Please let me know.
Catharina 
On Feb 27, 2009, at 2:52 PM, Marek Tichy wrote:
Dear Michelle, Nathan and Catharina,
attaching the latest xhtml and english retranslation in zip.
Please discard the previous files.
Have a nice weekend
Marek
Dear Marek,
Thanks a lot! This is great. Let's have Catharina take a final look at
the English retranslation, and upon her approval, we can go ahead with
the uploads. In my browser, I noticed that each of the files you sent
are displaying within your email body, and not as attachments. Because
of this, I'm not able to open them and see the XHTML code.
Nathan, how do the licenses look on your end? If you're able to access
the files ok, then we're set, but if not, then Marek, perhaps you
could resend them in .zip?
Regarding Pootle, that's strange you're running into a bug! Perhaps
Nathan or Asheesh could have a look? NY and AL, it seems the
Commit/Update function is down. Do you know if there's a way around
the error?
Thanks to you all for your help here! Looks like we're going well on
track.
Best wishes,
Michelle
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