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Re: About a couple of licenses in Japanese



08/01/08 に Ben Finney <bignose+hates-spam@benfinney.id.au> さんは書きました:
"Ian Lewis" <ianmlewis@gmail.com> writes:

> 08/01/07 に Miriam Ruiz <little.miry@gmail.com> さんは書きました:
> > 2008/1/7, Ian Lewis < ianmlewis@gmail.com>:
> > > ここの素材は著作権フリーですので、商用でも何でも自由に使って頂い
> > > て構いません。但し、商用の素材集に入れる時は事前にご連絡下さい。
> >
> > That's quite interesting. If there's a requirement that you have to
> > contact the author before using it commercially I guess that would
> > sadly make it non-free.
>
> A literal translation would be "Since this work is copyright free I
> do not mind if you use it freely, commercially or non-commercially.
> However, If you include it in a commercial work, please contact me
> before hand.".

The "please do X" in English has a different weight to the 「下さい」
in Japanese. The latter is used just as we would use "please", but it
is also very often used in *official* requests, where in English we
would say "do this" or "it is required that". In such usages, it's a
"please" of the "please step out of the car, sir" variety.

Correct. I wouldn't take what he said as a legal document, but I would interpret it as a an official request that expresses intent. Like I said, I would basically interpret it like the creative-commons "no commercial distribution without permission" clause.

> Interpret that however you will. It is not a legal document.

Regardless, it's a direct _expression_ of the copyright holder's intent
and wishes for the work. Understanding the legal force of that 「下さい」
seems critical to interpreting the freedom of the work under that
clause.

Point taken. Japanese courts seem to be a bit more concerned with intent rather than the strength of the wording of a written agreement. If non-commercial use being prohibited without permission is non-free then this work should be interpreted as non-free.

Ian

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