Re: [RFR] Please check English translation of ttf-ipafont license
Hideki Yamane wrote:
> Please review English translation about "End-User License Agreement
> for IPAfont".
>
> (I don't want legal review but English review, because its license
> is non-free one, so I post it to this mailing list.)
>
> You can check original file at
> http://svn.debian.org/wsvn/pkg-fonts/packages/ttf-ipafont/debian/copyright?op=file&rev=0&sc=0
Unfortunately I'm entirely lacking in Japanese, so my comments below
are all based on the English version, and may be missing significant
features of the original EULA.
> -------------------------------------------------------------------------------
> English Translations
>
> This is unofficial translation. Only the original Japanese texts of the
^an
> License Agreement have legal effect, and the translation is to be used
> solely as reference material to aid in the understanding of this License
> Agreement.
What happens if our translation is so wildly inaccurate that courts
would consider monoglot anglophones reading it not to have accepted
the original terms? Would that mean we were distributing it
illegally, or is the above warning enough to make users aware that
installing it without understanding and accepting its original EULA
constitutes software piracy?
> -------------------------------------------------------------------------------
> End-User License Agreement for IPAfont
>
>
> Information-technology Promotion Agency, Japan ("IPA")
I would have expected there to be an article in here somewhere, but
judging by their homepage this really is how they prefer to be
referred to. Speaking as somebody who already uses Debian-packaged
IPA fonts where "IPA" means the International Phonetic Association,
I wish somebody had told them that it's "I.T.", not "I(-t)"...
> provides Digital
> Font Program ("Licensed Program") named "IPAfont" with this License
> Agreement ("Agreement")
I'd have expected this to say something like
provides the digital font program named "IPAfont" (referred
to hereinafter as "the Licensed Program") with the following
license agreement ("the Agreement")
I'm assuming a general rule that specially-defined words are flagged
by being capitalised, while the definitions are in plain English
descriptive text following normal capitalisation rules.
Is IPAfont really a "digital font program"? I was under the
impression that it was simply a TTF-format font family. If it is,
this text makes even less sense. Maybe we need to say "Software"
instead of "Program" throughout?
> and grant you to use the Licensed Program by
> subjecting to your compliance with the terms of this Agreement.
I'd guess this should be:
and grants you permission to use the Licensed Program in
compliance with the terms of this Agreement.
> By installing Licensed Program on Computers (Computers as defined in
> section 1),
By installing the Licensed Program on a Computer (as defined
in Section 1)
(I assume it takes effect even if you stick to one; it's conceivable
that we should even say "on one or more Computers". Are you sure it
says that you can download and unpack the software freely, and don't
have to accept any License Agreement until you "install" it?)
> recipient of the Licensed Program ("Recipient", Licensed
> Program is distributed by whether IPA or Third-Party) accept all terms
> and conditions of this License.
This would make more sense as:
the recipient of the Licensed Program ("the Recipient")
accepts all terms and conditions of this License, regardless
of whether the Licensed Program is distributed by IPA or a
third party.
(I assume this "Recipient" is the same person as the "you" that it's
granting a license to, but it's not entirely clear in English.)
> 1. Definitions.
> Terms in each sections are defined as follows in this Agreement.
I would have expected this to be something like:
The following terms are used in this Agreement as defined here.
> 1.1. "Derivative Program" means Modifications and Design Processing and
> any other adapts for all or any portion of Licensed Program, adapt all
> tables that contains information of fontname and layout, and modify, add
> and delete all or any portion of outline and bitmap data of the fonts.
"Modification" and "Design Processing" being terms defined below,
but since I don't quite understand those definitions I'm having to
guess here.
1.1. "Derivative Program" means any Modification,
Design Processing or other alteration of all or any portion
of the Licensed Program
And from there on I don't see how it fits together. Conceivably:
alterations to the tables that
contain fontname and/or layout information, and
modifications, additions or deletions to all or any portion
of the outline and bitmap data of the fonts.
> 1.2. "Characteristic Program" means newly created Digital Font Program
> and any other derivative works based upon character information or adapted
> character information from all or any portion of Licensed Program, not
> an “AS IS” basis of all or any portion of Licensed Program.
"Characteristic Program" is wrong, but I'm not sure what the correct
form would be. Is "characteristic" intended to mean "of or related
to characters"?
1.2. "[Character] Program" means any newly created digital
font program and any other derivative works based upon
character information or modified character information from
all or any portion of Licensed Program, [???]
I'm not sure how the stuff about an "AS IS” basis fits on the
end of this.
> 1.3. "Digital Contents" means the works that provided for end-users in
> digital data format, including movie contents (movies and programs shows
> on display or screen, like videos and pictures) and works that consist of
> texts, images, graphics and others.
If "movie contents" is something defined by the following
parenthesis then perhaps the phrase should be "video content".
Is "programs" here intended in the sense of "TV shows", or what?
What distinction is intended in "on display or screen"?
Is "like" here intended as "such as the following random examples"
or "similar to the following particular examples"?
Where the list includes both "images" and "graphics", what is the
intended distinction?
A wild guess:
1.3. "Digital Content" means any works provided for
end-users in digital data format, including video content
(movies and programs shown on a screen, such as videos or
images) and works that consist of text, images, animations
and so on.
> 1.4. "Digital Document File" means PDF and any other document files that
> is created with any software and embedded characters from any portion of
> the Licensed Program.
Probably something like:
1.4. "Digital Document File" means any PDF or similar
document file that is created by the use of[?] software or
embedded characters from any portion of the Licensed
Program.
> 1.5. "Modification" means adapt skeleton of font, including creating new
> character (external fonts) by splitting hand side or hand portion of a
> Chinese character and adapting any portion of character.
This must mean something specific that I don't know anything about.
> 1.6. "Design Processing" means add an effect and a certain transformation
> for fonts without adapting skelton of font, including character decoration
> (bold, italic, shadow, underline, outline, relief and any other effects)
> and any font effects on application software.
Again, I have no clear idea what this means. Probably there's
appropriate English terminology that anglophone font specialists would
know...
>
> 1.7. "Computers" means hereby including servers.
1.7. "Computer" means any computer, including servers.
This seems to say that the term "Computers" is being redefined to
cover even the kinds of "servers" that wouldn't normally be included
under the ordinary meaning of the word "computers" - but in English
that implies it's talking about altar servers, salad servers, and so
on. Presumably the Japanese equivalent means something more like
"PC", and needs this addition.
More of an issue: does it include embedded devices?
> 1.8. "Copying and any other method of using" means copying, transfer,
> distribution, rental, public transmission and public display.
I'm a bit confused by the way the universal "any other method" is
defined as a specific listed set of methods which excludes (for
instance) "private transmission"; maybe it should be:
1.8. "Copying or Any Other Form of Use" includes any form
of copying, transfer, distribution, rental, public
transmission or public display.
Let's keep the legalese capitalised.
> 2. Licensing.
>
> Subject to the terms and conditions hereof,
The word "hereof" does exist, and does mean something roughly
appropriate, and might well even occur in legal jargon, but I'd be
happier with
Subject to the following terms and conditions,
> IPA grants to Recipient accepts
> to use Licensed Program in any countries.
Presumably,
IPA grants the Recipient permission to use the Licensed
Program in any country.
> However, IPA owns all rights of
> Licensed Program.
However, IPA retains all rights to the Licensed Program.
(Or should "rights" here and below be "copyright"?)
> In any case, this Agreement does not assign any rights,
> trademarks, trade names and service marks of Licensed Program from IPA to
> Recipient.
This is getting easier, though as usual I'd make it an "or" list.
This Agreement does not under any circumstances assign any
rights, trademarks, trade names or service marks of the
Licensed Program from IPA to the Recipient.
> 2.1. Recipient may install the Licensed Program to media and use on Computers
> under the terms of this Agreement.
2.1. The Recipient may install the Licensed Program onto
media and use it on Computers under the terms of this
Agreement.
> 2.2. Recipient may use Licensed Program that installed on Computers, "AS IS"
> basis, for text and any other expressions that using characters on printings
> and Digital Contains.
This must mean something along the lines of:
2.2. The Recipient may use the Licensed Program installed on
Computers, on an "AS IS" basis, to produce text or other
[something-or-other]s in print or as Digital Content.
> 2.3. Recipient may use Licensed Program installed on Computers and that added
> Design Processing and Modifications by using editional software and others,
> for text and any other expressions that using characters on printings and
> Digital Contents.
2.3. The Recipient may use the Licensed Program installed on
Computers with added Design Processing and Modifications
produced with editing software or otherwise, for [the same
as 2.2]
> 2.4. Recipient may use printings and Digital Contents for Copying and any
> other method of using for whether commercial or non-commercial purposes,
> whichever in any media format including broadcasting, transmission, various
> recording-media, that is created in terms and conditions of Section 2.2 and
> 2.3.
I don't really follow the details, but it seems to say roughly:
2.4. The Recipient may use printing or Digital Content for
Copying or Any Other Form of Use, whether for commercial or
non-commercial purposes, in any media format including
broadcasting, transmission, or various recording-media,
where these are created in compliance with the terms and
conditions of Sections 2.2 and 2.3.
> 2.5. Recipient may embed the characters that only used in Digital Contents
> (subset characters) to Digital Document File under the terms and conditions
> hereby granted, and may use the Digital Document File for Copying and any
> other method of using. In this case, recipient of the Digital Document File
> don't need to follow this Agreement.
2.5. The Recipient may embed the characters [...something]
into Digital Document Files under the terms and conditions
of this Agreement, and may use those Digital Document Files
for Copying or Any Other Form of Use. In this case,
recipients of the Digital Document File don't need to follow
this Agreement.
Though presumably the original version doesn't have the huge
loophole here, where giving yourself a PDF makes the EULA optional.
> 2.6. Recipient can redistribute Licensed Program as named "IPAfont" to
> Third-Party without Modification, Design Processing and any other adapts,
> for whether commercial or non-commercial purposes. However, redistributions
> of Licensed Program to Third-Party must retain this Agreement.
2.6. The Recipient may redistribute the Licensed Program
under the name "IPAfont" to third parties without
Modification, Design Processing or any other alterations,
whether for commercial or non-commercial purposes. However,
redistributions of the Licensed Program to third parties
must retain this Agreement.
> 2.7. Recipient can create Derivative Program and Characteristic Program for
> either personal use or research use.
2.7. The Recipient may create Derivative Programs or
[Character] Programs for personal or research use.
("Either" implies that it's an exclusive "or", which would be odd.)
> 3. Restrictions.
>
> THE RESTRICTIONS IN THIS SECTION WILL APPLY LICENSING IN SECTION 2.
THE RESTRICTIONS IN THIS SECTION APPLY TO THE LICENSING IN SECTION 2.
> 3.1. Recipient may not redistribute Derivative Program and Characteristic
> Program without granting from IPA, whether commercial or non-commercial
> purposes.
Am I allowed to reorder it to keep the logic clear?
3.1. The Recipient may not redistribute Derivative Programs
or [Character] Programs, whether for commercial or
non-commercial purposes, without [permission?] from IPA.
> 3.2. Recipient may not adapt its name "IPAfont" if Recipient redistribute
> IPAfont under Section 2.6 of this Agreement.
3.2. The Recipient may not alter the name "IPAfont" if the
Recipient redistributes IPAfont under Section 2.6 of this
Agreement.
> 3.3. UNDER NO CIRCUMSTANCES WILL IPA BE LIABLE TO YOU FOR ANY DERIVATIVE
> PROGRAM AND CHARACTERISTIC PROGRAM THAT RECEIPT MADE.
Should RECEIPT here read THE RECIPIENT? If so, who is YOU?
3.3. UNDER NO CIRCUMSTANCES WILL IPA BE LIABLE FOR ANY
DERIVATIVE PROGRAM OR [CHARACTER] PROGRAM CREATED BY THE
RECIPIENT.
> 3.4. UNDER NO CIRCUMSTANCES WILL IPA BE LIABLE TO YOU FOR ANY LOSS OF USE,
> REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC
> LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE,
> EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR
> RELIANCE UPON USING LICENSED PROGRAM, DERIVATIVE PROGRAM AND CHARACTERISTIC
> PROGRAM.
This sounds like a perfectly valid shouty-legalese war-chant! At
least up to the bit about
[...] RELIANCE UPON USING THE LICENSED PROGRAM, DERIVATIVE
PROGRAMS OR [CHARACTER] PROGRAMS.
> 3.5. IPA provides no technical support and disclaims any warranty or
> liability obligations to you of any kind for using Licensed Program,
> Derivative Program and Characteristic Program.
3.5. IPA provides no technical support and disclaims any warranty or
liability obligations of any kind for users of the Licensed Program,
Derivative Programs or [Character] Programs.
> 4. Termination.
>
> 4.1. This Agreement shall remain in effect comes into force and effect upon
> execution until Recipient uninstall Licensed Program on all Computers.
This seems to be trying to say something like:
4.1. This Agreement shall come into force and effect
immediately and remain in effect until the Recipient
uninstalls the Licensed Program on all Computers.
But does that really mean that as soon as I uninstall IPAfont
itself I can do what I like with things I've derived from it?)
> 4.2. Notwithstanding anything in Section 4.1 to the contrary, if Recipient
> breach any sections herein, Recipient's right to use Licensed Program will
> terminate immediately and without notice, and Recipient may not use Licensed
> Program, Derivative Program and Characteristic Program at all. In that case,
> all the expenses incurred and all damages recovered from such action shall
> be paid IPA from Recipient.
4.2. Notwithstanding anything in Section 4.1 to the
contrary, if the Recipient breach any sections herein,
(I like the fancy legalese use of the subjunctive there)
Recipient's right to use Licensed Program will terminate
(It's possible that this should be a "shall" to maintain the same
level of formality)
immediately and without notice, and the Recipient may not
use the Licensed Program, Derivative Programs or [Character]
Program at all. In that case, all the expenses incurred and
all damages recovered from such action shall be paid to IPA
by the Recipient.
> 5. Governing Law.
>
> 5.1. This Agreement may be changed from time to time. If IPA changes this
> Agreement, Recipient may select this Agreement or changed Agreement
5.1. This Agreement may be changed from time to time. If IPA
changes this Agreement, the Recipient may select either this
Agreement or the changed Agreement
> when
> Licensed Program for Copying and any other method of using or
> redistributing.
I'd just say:
when using or distributing the Licensed Program.
But we have to fit the "Copying or Any Other Form of Use" part into
this somewhere, and I don't see where.
> Matters that are not prescribed in these terms shall be
> determined in accordance with the copyright law and any other related laws.
^^^
This might just for once have a _surplus_ "the", but otherwise it's
good.
> 5.2. This Agreement will be governed by and construed in accordance with
> the substantive laws in Japan.
5.2. This Agreement will be governed by and construed in
accordance with the substantive law of Japan.
I recognise "substantive law" as a technical term, but I Am Not A
Lawyer, or a Japanese-speaker, or a font developer.
--
JBR with qualifications in linguistics, experience as a Debian
sysadmin, and probably no clue about this particular package
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