Rami Olwan
Fri, 10 Oct 2008 08:46:29 -0700
Dear Ahmad Gharbeia, Many thanks for your interest in the CC Jordan project. We need many reviewers like you who have specific comments about the license and its translation. I am sorry I cannot reply in Arabic since my keyboard is in Latin characters. I have read your comments and I believe some of them are quite important. I am not going to go into detail now, but will give a general answer to stimulate the discussion further until we provide detailed specific answer on each comment you have raised if we deem that is necessary.
As for the title of the license, it is true that we have mixed between the
license itself and the legal code. We have tried to find a proper translation
for both of them, but unfortunately we did not find a proper translation for
“legal code” as there is no proper terminology in Arabic, that is why we
decided to join the words to make things clear. I agree with your comment that
we should stick to the translation of “creative commons license”, and find
words that give the linguistic and legal meaning to “legal code” if that is
possible.
The translation to Arabic of “creative commons” is a more controversial matter.
One suggestion that we should follow the translation of Arabic wikipedia that
uses the terms “omameyat” rather than “mashaa” that we used in the Jordanian
CCPL Arabic license. I think that we are not obliged to follow what has been
used earlier for "creative commons" in the Arabic wikipedia since it is just a
suggestion, and there is no official translation of the word, furthermore our
job is mainly to find proper wording that give the needed legal meaning in
Arabic.
I suggest to stick with “mashaa” since legally speaking the law does not
recognize the concept of “omameyat” and it sound weird, but the word “mashaa”
is known and found in legal writings especially property law. Jordanian and
Arab legal scholars use the term “mashaa” for air and water and the idea of
creative commons “tragedy of the commons” in western legal writings was taken
from that as well, but of course its application in the context of information
commons and creative commons is not found still in any Arabic legal writings.
One thing that I have to emphasis is that we have tried to follow the original
language of the Jordanian Copyright Law as much as possible as the main aim of
the localizing process is to make the American CCPL license enforceable when
brought before a Jordanian Court and a judge who is familiar primarily with
Jordanian Laws. For that reason, the terminology and definitions used resemble
entirely the Jordanian Copyright Law; that is applicable on the legal word
“collection” and many other words that their exact translation from English to
Arabic may lead otherwise, but our guide is the Jordanian law itself and
nothing else.
As for your other linguistic comments, I think they should be studied
carefully. Ziad will provide in due course a detailed response to each one of
them. Please feel free to comments on any of the above and provide us with your
further comments if that is possible. We look forward to hearing from you or
any other interested reviewer. Thanks everybody for your support.
Regards,
Rami Olwan
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