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

Mon Mar 9 14:19:21 GMT 2009

http://staging.creativecommons.org/licenses/by/3.0/cz/legalcode
http://staging.creativecommons.org/licenses/by-nc/3.0/cz/legalcode
http://staging.creativecommons.org/licenses/by-nc-nd/3.0/cz/legalcode
http://staging.creativecommons.org/licenses/by-nc-sa/3.0/cz/legalcode
http://staging.creativecommons.org/licenses/by-nd/3.0/cz/legalcode
http://staging.creativecommons.org/licenses/by-sa/3.0/cz/legalcode

Dear all,

Please find above the links generated from the files Marek sent on Feb. 27
and uploaded by Nathan on March 3. Petr, I understand that you and Catharina
have discussed and agreed upon the English re-translation of the BY NC SA?
Is it correct to assume that the files above reflect those recent revisions?

If there are any changes be made now, I would kindly ask you and Marek to
revise the respective license and resend the XHTML for uploading. If there
are no necessary changes for now, please feel free to begin proofreading via
the links.

Petr, once you've confirmed that the files are up-to-date and all necessary
changes have been made, Catharina and I will begin proofreading as well.

Thanks so much for your time and efforts on this! We're on the homestretch!
:-)

All the best,

Michelle

On Mon, Mar 9, 2009 at 7:33 AM, Catharina Maracke <
catharina at creativecommons.org> wrote:

> Dear Petr,
> Many many thanks for taking your time and discussing things over the phone
> again. I see your point - after reading your E-Mail even more clearly than
> during our call. Especially reading the sentences together in the same
> paragraph suggests your interpretation. And I have to admit that the
> language is not the most brilliant.... :-))
>
> Anyway, as you said and as discussed, let's stay with the term "applicable"
> license and put this section on the agenda for version 4.0. The latest draft
> you sent for the English retranslation of the BY-NC-SA looks fine to me now.
> Let's proofread all other licenses now and especially the BY-SA. The most
> important section is the compatibility structure in paragraph 4b) again
> which should basically be copy/pasted from the US license to make sure that
> the "unported" is explicitly mentioned and licensing of a derivative work
> under the "unported" license allowed.
>
> Please see the US license:
>
> "You may distribute, publicly display, publicly perform, or publicly
> digitally perform a Derivative Work only under: (i) the terms of this
> License; (ii) a later version of this License with the same License Elements
> as this License; (iii) either the Creative Commons (Unported) license or a
> Creative Commons jurisdiction license (either this or a later license
> version) that contains the same License Elements as this License (e.g.
> Attribution-ShareAlike 3.0 (Unported)); (iv) a Creative Commons Compatible
> License. If you license the Derivative Work under one of the licenses
> mentioned in (iv), you must comply with the terms of that license. If you
> license the Derivative Work under the terms of any of the licenses mentioned
> in (i), (ii) or (iii) (the "Applicable License"), you must comply with the
> terms of the Applicable License generally and with the following provisions:
> (I) 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; (II) You may not offer or impose any terms on the Derivative Works
> that restrict the terms of the Applicable License or the ability of a
> recipient of the Work to exercise the rights granted to that recipient under
> the terms of the Applicable License; (III) You must keep intact all notices
> that refer to the Applicable License and to the disclaimer of warranties;
> and, (IV) when You distribute, publicly display, publicly perform, or
> publicly digitally perform the Work, You may not impose any technological
> measures on the Derivative Work that restrict the ability of a recipient of
> the Derivative Work from You to exercise the rights granted to that
> recipient under the terms of the Applicable License."
>
> It would be helpful to have the links to the most recent files on the
> staging server. Nathan and Michelle, can you help with this?
>
> Many thanks again,
>
> Catharina
>
>
> On Mar 5, 2009, at 3:44 PM, Jansa Petr wrote:
>
> I forgot to delete the note in 4b which does not belong there anymore.
> 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
> <BY_NC_SA-CZ_retranslation_05032009.doc>
>
>
>

-- 
----------------------------------------------
Michelle Thorne
Eisenacher Strasse 2
10777 Berlin, Germany
+49 302 191 582 66

creativecommons.org/international
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