Legal Tools Translation/4.0/Arabic

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Revision as of 12:04, 19 March 2015 by Riyadh Al Balushi (talk | contribs) (added details about March 2015.)
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Translation of 4.0 into Legal Tools Translation/4.0/Arabic

{{#set: Name=Legal Tools Translation/4.0/Arabic}}

Jurisdictions participating in the translation
Algeria, Egypt, Iraq, Kuwait, Lebanon, Oman, Qatar, Sudan, Syria, Yemen

Language coordination
Comment will be sought from the wider CC Arab world community through the mailing list as well as other communities involved with internet issues in the Arab world such as GlobalVoicesOnline and IGMENA.

Actual timeline

Submission of Translation Proposal to Regional Coordinator: 2014/02/07
Submission of First Draft: {{{actualdraftdate}}}
Start of public comment period: {{{actualpublicdate}}}
End of public comment period: {{{actualpublicenddate}}}
Publication Date: {{{actualend_date}}}

Proposed timeline

Estimated Submission of First Draft: 2014/03/18
Estimated Start of public comment period: 2015/04/01
Estimated End of public comment period: 2015/05/01
Estimated Publication Date: 2015/06/01


Translation process

  1. Translation lead will prepare the initial draft and post it on Google Drive. [COMPLETED ON AUGUST 27th 2014 - Draft Text]
  2. Translation team members will review the initial draft on Google Drive and make their comments on the document directly. [COMPLETED ON SEPTEMBER 30th 2014 - Draft Text]
  3. Group reading of the initial draft will be done via Skype and discussion of comments.
  4. Draft will be sent to Regional Coordinator and HQ.
  5. Public Comment period (CC Arab World mailing list, GlobalVoicesOnline, IGMENA).
  6. Comments will be reviewed by translation team members.
  7. Translation team discussion on Skype.
  8. Final draft will be sent to Regional Coordinator and HQ.

Website: https://groups.google.com/forum/#!forum/cc4arabictranslation

Team

  • Riyadh Al Balushi (Translation Lead) - lawyer from Oman
  • Hala Essalmawi - Egypt CC Legal Lead
  • Faiza Souissi - teacher from Algeria
  • Sadeek Hasna - lawyer from Syria
  • Pierre El Khoury - Lebanon CC Legal Lead
  • Ahmed M. AbouZaid - lawyer from Egypt
  • Hayder Al Shakeri - from Iraq
  • Talal Taqi - lawyer from Kuwait
  • Ahmed Gharbeia - FOSS and free culture advocate from Egypt and contributor, senior at ADEF
  • Abdelhaq Fareh - assistant professor of computer science from Algeria
  • Mohammed Kambal - Sudanese internet activist
  • Amr Mustafa - founding member of the Internet Society of Yemen

The Arab world has two regional coordinators, the one coordinating this project is Naeema Zarif.

Mohammed Al Khater, lawyer from Qatar, was initially a member of the translation team, but due to personal committments he could not participate in any of the stages of the translation process and asked to be removed from the team.

Word choice
The initial draft was prepared as a fresh translation without using the previous ports available in Arabic for Egypt and Jordan. As Arabic is one of the official languages of the UN, the draft relied on the official Arabic translation of popular IP conventions and treaties, namely:

  • Berne Convention for the Protection of Literary and Artistic Works
  • WIPO Copyright Treaty
  • Beijing Treaty on Audiovisual Performances
  • Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

Egypt 3.0 ported licenses were used in limited cases as a reference for difficult translations.

October 2014: The translation team had a disagreement on the translation of some basic and fundamental terms in the translation due to the fact that Arab countries use different words to explain some basic copyright concepts. Such terms include "work", "adapt", "circumvent", "access", "reproduce", "distribute", "communicate", "royalties", "moral rights", "integrity", "effective technological measures", "make available", and "notice". The translation team is currently considering using the terms used in the translations of the IP treaties mentioned above. The use of the treaties will be limited to translating specific terms and will not replace the language of the licenses as a whole with that of the treaties.

November 2014: The translation team used a survey among its members to identify the level of disagreement in regard to some of the technical terms used. The survey was designed by the translation project lead and was sent to the other twelve members. Eight out of the twelve responded to the survey and the following came out of this exercise:

  • All the members who completed the survey agreed on using the treaties as a point of reference for the translation.
  • There is consensus regarding the translation of the following terms:
  1. Work = مصنف
  2. Royalties = أتاوات
  3. Effective Technological Measures = التدابير التكنولوجية الفعالة
  4. Make Available = يتيح
  5. Sui Generis Database Rights = الحقوق الفريدة لقاعدة البيانات
  6. Material (e.g. adapted "Materia") = مادة
  7. Corporation = مؤسسة
  • There is a certain amount of disagreement in regard to the following terms:
  1. Circumvent = Seven people agreed to the term "تحايل" as a translation, one person suggested "تفادي" instead.
  2. Deed = Seven people agreed to the term "صك" as a translation, one person suggested "حجة".
  3. Adaptation = Six people agreed to the term "تحوير" as a translation, but one person suggested "تكييف" as an alternative and another person suggested "اقتباس".
  4. Terms and Conditions = Six people agreed to the term "شروط" as a translation for both terms, one person suggested "احكام وشروط" while another suggested "بنود وشروط".
  5. Notice = Six people agreed to the term "اخطار"as a translation, one person suggested "إشعار" while another suggested "إنذار".
  6. Disclaimer = Six people agreed to the term "تنصل"as a translation, one person suggested "إخلاء المسؤولية" while another suggested "تنفي".
  7. Limitation = Six people agreed to the term "تقييد" as a translation, one person suggested "قيد"while another suggested "قيود".
  8. Integrity = Four people agreed to the term "حصانة" as a translation, two people suggested "نزاهة" as an alternative, another thought that it depends on the context, and one last member omitted his answer to this specific question.
  9. License = Five people agreed to the term "رخصة" as a translation, two people suggested "ترخيص", and one last member omitted his answer to this specific question.
  10. Communicate to the public= Five people agreed to the term "النقل للجمهور", one person suggested "الإتاحة للجمهور" as an alternative, another stated that he did not find this term in the license, and one last member omitted his answer to this specific question.
  • In regard to the translation of the license elements, the survey produced the following results:
  1. Attribute = Four people agreed to the proposal to change it to "النسبة", three people thought that it should not be changed from "نسبة المصنف", and one proposed that it is called "نسب المصنف".
  2. Non-Commercial= Seven people agreed to the proposal to change it to "غير التجاري", and one person thought that it should not be changed from "غير تجاري".
  3. ShareAlike = Seven people agreed to the proposal to change it to "المشاركة بالمثل", and one person thought it should not be changed from "الترخيص بالمثل".

December 2014: A proposal was made by a couple of members of the translation team to change the format of the wording of Arabic translation from the second person (using "You") to the third person (replacing "You" with the "Licensee"). CC HQ was consulted about this matter and they responded saying that such a change could make the translation become more of an adaptation than a literal translation and that the Arabic translation should only use it if there is a legal requirement for making this amendment. The translation team discussed this issue on a number of Skype calls, the members generally thought that the Arabic text would sound more natural if written in the third person as opposed to the second person, however, the majority did not seem to believe that there is a legal barrier against using the format of the second person. The Skype call was also used to discuss a few terms to be finally agreed upon using a survey.

January 2015: A survey was circulated among the members of the translation team and 8 respondents out of 11 agreed that there are no legal barriers against using the original first person format in the Arabic translation, therefore the original second person format will not be changed. In addition to this, a proposal was made to make the wording of the translation explicitly feminine and masculine as standard Arabic writing is masculine by default while English includes both. The same survey was used to seek the opinion of the team on this matter and 10 out of the 11 respondents agreed that such change is not necessary.

Furthermore, the translation of the following terms were covered by the survey:

  1. Integrity = the votes were scattered around a few options, but the term "نزاهة" acquired the most.
  2. Legal Code = 7 people voted for "نص" while 4 voted for "نظام".
  3. Publicity Rights = 9 people voted for "إشهار" while 2 voted for "إعلان الهوية".
  4. Endorsement = 5 people voted for "مصادقة" while 4 voted for "إقرار" and 1 voted for "إسناد".
  5. Merchantability = 7 people voted for "قابلية المتاجرة" while 2 voted for "جودة البيع".
  6. Dissemination = 6 people voted for "تعميم" while 3 voted for "نشر".
  7. Standard = 7 people voted for "قياسية", while 3 voted for "معيارية" and 1 voted for "منمطة".
  8. Severe = 6 people voted for "تفصل" while 5 voted for "تزال".
  9. Voluntary = 7 people voted for "طوعي" while 3 voted for "اختياري" and 1 voted for "إرادي".

During the calls prior to the survey, it was decided to make the translation of "Creators" consistent with "Creative" taken from the translation of the "Creative Commons". Consequently, the translation for the term "Original" was taken from Arab copyright laws using the term "مبتكر". The term "lawyer-client" was also discussed during the calls and it was agreed to mean "علاقة المحامي وموكله" and not " علاقة توكيل قانونية" as the latter means "power of attorney".

February 2015: A number of group readings were conducted over Skype to review the translation text and decide on smaller language issues. The translation of the term "integrity" was changed from "نزاهة" to "سلامة" as the latter is a term found in one of the national Arab copyright laws (Algeria).

March 2015: A poll was made to decide on whether the license element translation should be changed, namely: ShareAlike, Attribution, and NonCommercial. None of the proposed changes to the translation of the element names received a majority vote, so the proposals were not taken forward.

The translation draft was sent by email to the regional coordinator on March 18th, 2015.

Status (as of)
Proposed


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