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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.


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