[OSM-legal-talk] Request for clarification (for German translation) of CTs 1.2.4
Francis Davey
fjmd1a at gmail.com
Thu Mar 24 09:40:32 GMT 2011
On 24 March 2011 09:29, Francis Davey <fjmd1a at gmail.com> wrote:
>
>
> In context (which is how all contracts are read) it clearly means that
> the purpose of the contract is to ensure that the contribution of data
> does not infringe and to that end the contributor gives a warranty as
> to their state of knowledge about their right to authorize OSMF to do
> certain things. This is the 1.2.4 version.
The French version:
http://www.osmfoundation.org/wiki/License/Contributor_Terms/FR
Clearly says something quite different as far as I can see, namely
that the contributor agrees _only_ to add content for which they own
the intellectual property.
There's no clause that says which language contributor terms prevails
- presumably whichever a contributor agrees to - so there are a
multiplicity of agreements.
Also puzzling is the distinction in clause 1. The first sentence says:
"Dans le cas où des Contenus comprennent des éléments soumis à un
droit d’auteur, Vous acceptez de n’ajouter que des Contenus dont Vous
possédez la propriété intellectuelle."
But "droit d'auteur" does not (as I understand the term) include
database right. Its un droit des producteurs de bases de données
rather than un droit d'auteur (forgive my atrocious French - its been
nearly 30 years since I studied it). "propriété intellectuelle" is a
much wider term, which includes industrial property.
Maybe there's a good reason for this wording and I'm not either French
or a French lawyer.
--
Francis Davey
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