Legal Tools Translation/4.0/German - Revision history

CCID-shinchpearson: added information about correction to published translation language

2020-08-26T18:42:57Z

added information about correction to published translation language

CCID-shinchpearson at 14:46, 5 September 2019

2019-09-05T14:46:38Z

CCID-georgeharipopescu: /* Translation process */

2019-06-03T15:05:11Z

‎Translation process

CCID-georgeharipopescu: Added link to draft CC0

2018-12-12T08:10:58Z

Added link to draft CC0

CCID-georgeharipopescu: Added the list of activists involved

2017-01-23T18:18:29Z

Added the list of activists involved

CCID-georgeharipopescu: /* Translation Status */

2017-01-23T18:15:52Z

‎Translation Status

CCID-georgeharipopescu: Added links to 4.0 launch announcements

2017-01-23T18:15:13Z

Added links to 4.0 launch announcements

CCID-georgeharipopescu: Added details about the team for the 4.0 translation

2017-01-21T09:30:06Z

Added details about the team for the 4.0 translation

CCID-georgeharipopescu: Added details about the final 4.0 translation

2017-01-21T09:28:16Z

Added details about the final 4.0 translation

CCID-georgeharipopescu: /* Translation Status */

2016-12-16T16:41:03Z

‎Translation Status

← Older revision		Revision as of 18:42, 26 August 2020
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	So far we encountered not many legally problematic bits. One of those is that in general, the legal meaning of "work" in Anglo-American law differs from that of "Werk" in German copyright law. Several words are challenging linguistically, in terms of policy. Especially the term for "Public License" is highly debated, with "Jedermannlizenz" as suggested in the First Draft not being widely accepted within the translation sprint group, mostly due to it being at odds with gender mainstreaming ideas.		So far we encountered not many legally problematic bits. One of those is that in general, the legal meaning of "work" in Anglo-American law differs from that of "Werk" in German copyright law. Several words are challenging linguistically, in terms of policy. Especially the term for "Public License" is highly debated, with "Jedermannlizenz" as suggested in the First Draft not being widely accepted within the translation sprint group, mostly due to it being at odds with gender mainstreaming ideas.
		+
		+	A change to the published translation was made on 26 Aug 2020 to correct an error. The explanation from the translation team is as follows:
		+	The initial translation of English "if" into German "ob" was chosen as the closest one regarding the relatedness of the two words. However, this led to an uncertainty due to "if" having two quite distinct relational meanings: It can stand for both "in case" and "whether". What is meant here in the English text is "in case", while the German translation "ob" has the meaning of "whether". The alternative translation "falls" ("Fall" being the German noun for "case") brings the German text thus closer to the meaning of the English one. A post-translation consultation of IP lawyers in Germany was inconclusive regarding the question whether the initial translation containing "ob" would have any substantially different / detrimental effect in legal conflicts around compliance to CC licenses. It was discussed that a court having to decide on whether the license's conditions were adhered to, in a case where the content in question was not altered and no indication was made by the user (which could be seen as a breach of the condition to indicate "whether" a change was made, but not of a condition that requires indicating only "in case" a change was made) could interpret the ratio of the license to be satisfied with a non-existent indication being equivalent to a negative one. But it remains unsure, whether practical court cases would go this way. Be that as it may, the correction towards "falls" relieves users of a putative requirement to indicate the change status in every single case, even if no changes were made, one which the licenses actually do not intend. Therefore the correction is appropriate.

	==Draft translation files==		==Draft translation files==

@@ Line 6: / Line 6: @@
 ==Translation Status==
-.0:
+.0: Final (read the announcement on the [https://creativecommons.org/2017/01/23/german-4-0/ Creative Commons blog] and on [https://netzpolitik.org/2017/offizielle-deutsche-uebersetzung-der-cc-lizenzversion-4-0-ist-da/ Netzpolitik]). <br />
-<span style="color:#FF0000">Final</span> (read the announcement on the [https://creativecommons.org/2017/01/23/german-4-0/ Creative Commons blog] and on [https://netzpolitik.org/2017/offizielle-deutsche-uebersetzung-der-cc-lizenzversion-4-0-ist-da/ Netzpolitik]). <br />
+CC0: In progress - final review (Step 7)
 ==Key dates==

@@ Line 35: / Line 35: @@
 .0
-The lawyers of CC DE and CC AT have had a translation sprint in Vienna on January 21+22 2015. This has resulted in a unified first draft for CC BY-NC-SA 4.0 in German. It was handed over to Swiss lawyers for cross-checking. The public was notified of the comment period via the involved CC teams' websites, social media and other channels such as netzpolitik.org and several law blogs, the authors of which are part of the translation group's network.
+The lawyers of CC DE and CC AT have had a translation sprint in Vienna on January 21-22, 2015. This has resulted in a unified first draft for CC BY-NC-SA 4.0 in German. It was handed over to Swiss lawyers for cross-checking. The public was notified of the comment period via the involved CC teams' websites, social media and other channels such as netzpolitik.org and several law blogs, the authors of which are part of the translation group's network.
 The platform chosen for the commenting period is co-ment.com, an open source commenting solution for which hosting is offered. After the initial announcement of the commenting period, beginning of December 2015, the second round of announcements was sent directly to key people in the wider CC legal community via individual emails.

@@ Line 53: / Line 53: @@
 # [http://cc4-de-legalcode.legal.creativecommons.org/licenses/by-nc-sa/4.0/legalcode.de BY-NC-SA]
 # [http://cc4-de-legalcode.legal.creativecommons.org/licenses/by-nc-nd/4.0/legalcode.de BY-NC-ND]
 ==FINAL translation files==

@@ Line 29: / Line 29: @@
 * Alexander Baratsits
 * Simon Schlauri
 ==Translation process==

@@ Line 7: / Line 7: @@
 ==Translation Status==
 .0:
-<span style="color:#FF0000">Final (read the announcement on the [https://creativecommons.org/2017/01/23/german-4-0/ Creative Commons blog] and on [https://netzpolitik.org/2017/offizielle-deutsche-uebersetzung-der-cc-lizenzversion-4-0-ist-da/ Netzpolitik] </span><br />
+<span style="color:#FF0000">Final</span> (read the announcement on the [https://creativecommons.org/2017/01/23/german-4-0/ Creative Commons blog] and on [https://netzpolitik.org/2017/offizielle-deutsche-uebersetzung-der-cc-lizenzversion-4-0-ist-da/ Netzpolitik]). <br />
 CC0:
 <span style="color:#FF0000">In progress. Team has draft, but will synchronize with 4.0 language (as applicable) once that is finalized.</span>

@@ Line 26: / Line 26: @@
 ==Translation team==
 * John Weitzmann
 ==Translation process==

@@ Line 7: / Line 7: @@
 ==Translation Status==
 .0:
-<span style="color:#FF0000">In progress. Team working on final review of files before publication.</span><br />
+<span style="color:#FF0000">Final.</span><br />
 CC0:
 <span style="color:#FF0000">In progress. Team has draft, but will synchronize with 4.0 language (as applicable) once that is finalized.</span>
@@ Line 16: / Line 16: @@
 First draft was submitted: 29 June 2016<br />
 Public comment period: - 12 July 2016<br />
-Translation officially published: <br />
+Translation officially published: 20 January 2017<br />
 CC0
@@ Line 50: / Line 50: @@
 ==FINAL translation files==
-<span style="color:#FF0000">To be published</span>
+# [https://creativecommons.org/licenses/by/4.0/legalcode.de BY]