Re: English licenses on non English speaking countries
Marcelo E. Magallon writes:
> On Tue, Aug 31, 1999 at 07:06:55PM +0200, Jesus M. Gonzalez-Barahona wrote:
>
> > The main problem here (in my opinion) is that we cannot
> > distribute a program under a new license. Only the author can. And
> > translating a license is making a new license...
>
> Our current problem is a licence for software we have written. We don't
> want to change anyone's license, not now nor ever. We are interested in
> what happens if someone decides to "ignore" the license here.
>
I see. When you can choose, it makes sense writing the license
in other language.
> > So, in my opinion (I'm not a lawyer, anyway), there is no
> > problem at all. This is the most common opinion I've heard of.
>
> Common sense and lawyers don't get along at all. Common opinion doesn't
> either. Common usage, sometimes.
Well, when I say "I've heard of", I mean "I've heard of to
knowlegeable people" (incluiding some lawyers, and people well versed
in these matters, like rms). The problem here for me is to find
lawyers who want to speak to you *and* on who you can trust...
>
> > WRT the specific case of a license not written in Spanish
> > being enforceable in Spain, I guess that's only applicable to items
> > directed to end-users, and sold in Spain. I mean, that when you (as a
> > regular consumer) buy an item in Spain, any terms related to the
> > transaction must be available in Spanish (or any other of the official
> > languages where applicable). That's for sure not applicable to usual
> > contracts between companies (otherwise, European-level commerce, for
> > instance, would be almost impossible). I guess it is also not
> > applicable to licenses of software packages, but I'm not sure of it.
>
> I've heard exactly the oppossite. Namely, that if you live in Spain and
> make a contract with a British company, the agreement must be translated to
> Spanish. But that's just rumours and not facts.
For instance, when you sign a contact with the EU (for
consulting for them, for instance), the contract is usually written in
English. Probably you can ask fro a transaltion into Spanish, but I
guess that's uncommon.
>
> In a purshase you stablish a contractual relationship, that's why you can
> sue if the item is not in good condition, or causes harm for example --
> remember the "coffee too hot" incident a few years ago (McDonald's vs Some
> Lady). Even if there's no money involved I don't see why it has to be
> different. And I don't see why it has to be different for software
> licenses. You are giving up "rights" when you accept a license. You should
> be in a position where you know what you are giving up.
That makes sense. But suing is quite a different matter in
Europe than in the States. In Europe, you could probably appeal to
consumers law to get some money if the item doesn't work, but there
is difficult that you get something more than the price you paid for
it. And I don't see how that applies to intellectual property... I
mean, by buying something, "by default", you have no right (WRT
intellectual propriety) except for those ganted to you in the
license. If you are not happy with it being in English, return the
software and get your money back...
But I'm not *absolutely* sure about this. I'm trying to check
it with lawyers, anyway.
Jesus.
--
Jesus M. Gonzalez Barahona | Departamento de Informatica
tel +3491 624 9458, fax +3491 624 9129 | Universidad Carlos III de Madrid
jgb@gsyc.inf.uc3m.es, jgb@computer.org | avd. Universidad, 30
Grupo de Sistemas y Comunicaciones | 28911 Leganes, Spain
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