[opensuse-wiki] "Terms of site" for other languages
http://wiki.opensuse.org/index.php?title=Help:Translation&curid=4820&diff=20587&oldid=20566 " + |[[Terms of site]] + |Please add the following header translated into your language: <nowiki>{{Info|This is an translation of the [[en:Terms_of_site|openSUSE Terms of site]] into '''LANGUAGE'''. It does not legally state terms for these pages—only the original English text of the Terms of site do that. However, we hope that this translation will help language speakers understand the Terms of site better.}}</nowiki>" As legal terms are not congruent in other languages and nether are the legal systems based on that languages - this is not a task for a person without an education in legal issues. And I doubt that such a person (if not very stupid and so not the best choice to do it at all) will do that without the security of a paid insurance and/or something that assures he/or she is free of liability according to the legal system he/she (and probably also the users and contributors of the wiki in that language) lives in. And maybe someone professional should also examine which terms of that standard form contract would be binding in the legal systems the contributors and the users would probably live in. Regards pistazienfresser -- - openSUSE profile: https://users.opensuse.org/show/pistazienfresser -- To unsubscribe, e-mail: opensuse-wiki+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-wiki+help@opensuse.org
Hey, On 04.08.2010 13:55, pistazienfresser (see profile) wrote:
http://wiki.opensuse.org/index.php?title=Help:Translation&curid=4820&diff=20587&oldid=20566 " + |[[Terms of site]] + |Please add the following header translated into your language: <nowiki>{{Info|This is an translation of the [[en:Terms_of_site|openSUSE Terms of site]] into '''LANGUAGE'''. It does not legally state terms for these pages—only the original English text of the Terms of site do that. However, we hope that this translation will help language speakers understand the Terms of site better.}}</nowiki>"
As legal terms are not congruent in other languages and nether are the legal systems based on that languages - this is not a task for a person without an education in legal issues.
Isn't it better to have a unofficial translation pointing to the official English version then having no Terms of site or an English version? The header explicitly states that the translation is only for better understanding. Henne -- Henne Vogelsang, openSUSE. Everybody has a plan, until they get hit. - Mike Tyson -- To unsubscribe, e-mail: opensuse-wiki+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-wiki+help@opensuse.org
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 2010-08-04 15:08, Henne Vogelsang wrote:
Hey,
....
Isn't it better to have a unofficial translation pointing to the official English version then having no Terms of site or an English version? The header explicitly states that the translation is only for better understanding.
Yes, I think so. At least as long as you don't ask me to do the translation, I hate legalesse >:-) - -- Cheers / Saludos, Carlos E. R. (from 11.2 x86_64 "Emerald" GM (Elessar)) -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.12 (GNU/Linux) Comment: Using GnuPG with SUSE - http://enigmail.mozdev.org/ iEYEARECAAYFAkxZhVIACgkQU92UU+smfQUhZgCeL8YvLpvb0gytQwcExItQUz+8 2HkAniYYJCzlnw9J9i52DfapNRIjQhWF =gHq9 -----END PGP SIGNATURE----- -- To unsubscribe, e-mail: opensuse-wiki+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-wiki+help@opensuse.org
On 04/08/10 17:20, Carlos E. R. wrote:
On 2010-08-04 15:08, Henne Vogelsang wrote:
Hey,
....
Isn't it better to have a unofficial translation pointing to the official English version then having no Terms of site or an English version? The header explicitly states that the translation is only for better understanding.
Yes, I think so.
At least as long as you don't ask me to do the translation, I hate legalesse >:-)
Limitation of Liability IN NO EVENT SHALL NOVELL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE MATERIALS OR SOFTWARE AVAILABLE FROM THIS WEB SITE, EVEN IF NOVELL HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. To the extent any jurisdiction does not allow the exclusion or
That is just one part I would not bet to be checked by a lawyer (who has ever heard of European laws). I doubt that # *terms in English* are rated in relation to not English speaking consumers under the legislation of any EU member - e. g. from a German court for German speaking consumers: see §§ 305 BGB http://bundesrecht.juris.de/bgb/BJNR001950896.html#BJNR001950896BJNG02340137... especially § 305 section Nr. 2 (for programmers it might count the argument that they should know what they are doing, should be able to understand English and not touch a software with therms they do not understand - but that is only a guess/hope) see also: EU/EWG/EG law: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31993L0013:EN:HT... "Article 5 In the case of contracts where all or certain terms offered to the consumer are in writing, these terms must always be drafted in plain, intelligible language. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail. [...]" #for *"Governing law and forum"' compare: http://www.anwaltskanzlei-online.de/2009/01/09/gerichtsstandsvereinbarungen/ and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0044:EN:NO... for example: - Article 4 - Article 5 - Article 9 - Article 15 - Article 16 - Article 17 # for *Limitation of Liability* limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply. you may do a search for: "Red-Pencil Test", "Gesamtnichtigkeit", "Teilbarkeit", "AGB", "Vorsatz", "Grobe Fahrlässigkeit", "Abmahnung" in the internet or/and any specialized book (Palandt, special Kommentar to §§ 305 ff. BGB) and § 309 Nr. 7 b). and EU/EWG/EG law: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31993L0013:EN:HT... "ANNEX TERMS REFERRED TO IN ARTICLE 3 (3) [...] (q) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract." See also: "Bruessels I" (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0044:EN:NO... http://curia.europa.eu/common/recdoc/convention/en/artidx/b-artidx.htm http://en.wikipedia.org/wiki/Brussels_Regime http://de.wikipedia.org/wiki/EuGVVO http://de.wikipedia.org/wiki/Unterlassungsklagengesetz http://de.wikipedia.org/wiki/Abmahnung#Kosten Have a lot of luck (especially as wiki administrators or editors with terms like these)! pistazienfresser -- - openSUSE profile: https://users.opensuse.org/show/pistazienfresser -- To unsubscribe, e-mail: opensuse-wiki+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-wiki+help@opensuse.org
participants (3)
-
Carlos E. R. -
Henne Vogelsang -
pistazienfresser (see profile)