Hello all I have been following the conversation for a while now, and see no conflict between the two arguments, since each focus on different layers of the license. This point has been clearly made, though, so allow me here to give you a real use-case, the first time I came across CC several years back:
I saw the logo/button, without the text the accompanies it often. It caught my attention. It was the BY-NC-ND combination. The entire thing meant nothing to me at the time (and my not understanding had nothing to do with my command of the English language). I clicked on the icon, read the human license, and learned that NonDerivative (ND) meant that the author gives no permission for alteration or mixing of this piece of content, and the same for the other license elements. I understood and appreciated the concept, and did not bother reading the legal layer of the generic license until years after I have started using it and telling others about open licenses, including CC. We could imagine me doing exactly the same thing if the button I came across was in Arabic, and the license it refers to war Jordanian/ Egyptian/Syrian/Moroccan. It would still have seemed alien, and I would still need to click and read the human layer to understand it. Therefore, it seems very reasonable to find, even coin, single words to correspond to different elements of the license, effectively Arabising the concepts, and leave the lengthier multi-word explanation in the longer version of the human layer. Needless to say, lawyers with expertise in their regional legal domains are best suited to 'translate' the legal layer of the generic license into their own. Amr Gharbeia On Nov 12, 4:19 pm, Bassel Safadi <[email protected]> wrote: > Hi Ahmad, > > I understand your point. I'm also into simple terms for end users, but > actually the word (العزو) in arabic don't mean anything for most Syrian > people. I know it's arabic, maybe in Egypt it's used and people are familiar > with it, but in Syria and Jordan I don't think so. that's why we try to find > terms that actually explain things to people. > people here need to know the meaning (the concept) of (BY) and it's hard to > use a complicated/strange word like (العزو) to bring them in to it.. > that's I think we have to use a sort of (try to explain the concept in the > name) sort of terms. > what do you think about that? look at it from that perspective > > Best regards, > Bassel > > 2009/11/12 Ahmad Gharbeia أحمد غربية <[email protected]> > > > > > Hello Bassel and Hannibal, > > > Once again, your comments are taking into consideration solely the > > legal language. I am not arguing that, or that what you wrote is > > legally correct. It is the same language in Egypt as well. I'm not > > tackling the issue of local legal jargon here. > > > Creative Commons license has three layers: > > > * The legal code; mainly contract. this is what Rami and Ziad have > > done a good job in studying and localising. Hannibal's comments are > > also in this area. > > > * the computer code: the methods of tagging works and embeding > > metadata in ways that could be interpreted by computer programmes to > > facilitate repositories, search, and create the wonderful global > > mixing platform that we're witnessing today. > > > * human layer: the beauty of the license is that it uses the language > > of our icon-age to make it easy for the author and the user of content > > to identify momentarily what rights each has over a certain piece of > > work. The rights that are themselves modular. Those little icons and > > shorthand words that you use to mark and identify CC content. Usage > > agreements are not a new concept. But the ease of which works can be > > licensed, and the license identified, are what all CC is about. > > > So what we need to think of is: how will Arab users be able to have > > little icons and short yet uniquely identifiable equivalents of "CC: > > By" and where on a 88x31 icon are we going to write "نسب المصنف > > لمؤلفه" > > > Just to be safe, I feel the urge to say that I'm not advocating the > > sacrificing of legal integrity. > > > I'm also arguing that "ShareAlike", "NonCommerial" and "NoDerivative" > > are more alien to English legal jargon than any of the other > > suggestions I'm making. > > > If not for any thing else then at least for the camelCase spelling > > which is a geeky and unorthodox novelty of the digital realm. > > > Sinerely, > > Ahmad Ghareia > > > On 2 نوفمبر, 23:02, Bassel Safadi <[email protected]> wrote: > > > hello everybody, > > > > here are some notes by hannibal, unfortunately he is an offline guy, but > > > after some deep discussion we agreed on the following terms almost the > > same > > > as the original ones by ziad and rami > > > > - Attribution: نسب المصنف لمؤلفه legally its the correct term from Syrian > > > law point of view, and Hannibal see it more clear even for normal users > > than > > > العزو > > > - NonCommercial: الاستخدام غير التجاري > > > - ShareAlike: توزيع العمل وفق نفس الرخصة as of المشاركة بالمثل don't > > exists > > > in Syrian law, also the normal users may not understand the meaning of > > > المشاركة بالمثل as of it being a new concept > > > - NoDerivatives: بلا أعمال مشتقة as of that will be clear from legal > > aspect > > > and for normal users > > > > sorry for the short email but its hard for me to summarize all the > > details > > > now, just wanted to share the result of the discussion. > > > > Best Regards, > > > Bassel > > > > would really appreciate it > > > > > مرحبا زياد و رامي، > > > > > يبدو أنه لن يتاح وقت كاف لأصوغ ملاحظاتي على تعريب الرخصة كما كنت أحب، > > > > فالمتبقي من الوقت قليل، لكني أستفسر منكما عن الترجمات التي تبنيتموها > > > > لمفردات الترخيص التالية: > > > > > Attribution, NonCommercial, ShareAlike, NoDerivatives > > > > > لأنه كما أوقن من أنكم تعلمون فإن هذه المفردات هي *واجهة* العامة على > > > > الرخصة و رأيي أن صياغتها ينبغي تكون بقدر كبير من العناية لتتصف > > بالقابلية > > > > الترويجية و سهولة الاستخدام إلى جانب الصحة و الدقة اللذين أعنى بهما > > كثيرا. > > > > > أحمد غربية > > > > > > Hi Ahmad, > > > > > > As promised, please find below my comments after consulting with > > Ziad. > > > > > For your ease of reference, they are in the same order you have > > raised > > > > > them. > > > > > > *1) **Attribution: العزو instead of نسب المصنف* > > > > > > We have agreed to use نسب المصنف as it gives the proper legal meaning > > > > > and is much clearer than what you suggested as it is literal > > translation. > > > > > > The /Jordanian Copyright Law/ does not use العزو. We have relied on > > the > > > > > spirit of Art 17/D that provides: > > > > > Understood. > > > > I'm not arguing about legal relevance, and in this specific instance > > not > > > > even about clarity. My concern is how these words are used in the > > *human > > > > layer* of the license. > > > > > > “The published works maybe used, without the consent of the author > > > > > subject to the following conditions and in the following cases: > > > > > > D. Quoting paragraphs of the work into another work for purposes of > > > > > illustration, explanation, discussion, critique, cultivation, or > > > > > examination within the limits justified by these purposes and > > provided > > > > > that the names of the work and author are mentioned. > > > > > This is beside the point, but العزو, literally "attribution", is not > > > > concerned with "consent", either. > > > > It is also understood that the licensor grants this permission in > > > > advance, which is the real benefit of the CC license. > > > > > > Art 8/A of the Jordanian /Copyright Law/ uses clearly Attribution and > > in > > > > > Arabic نسب المصنف. The right of attribution is one of the moral > > rights. > > > > > Moral rights are the foundation stone of author’s right system > > (‘droit > > > > > d’auteur’ system) as it has come to be applied in Europe > > (particularly > > > > > France) rather than the Anglo- Saxon ‘copyright system’. Art 8/A > > > > > provides that: > > > > > I acknowledge this and the remaining legal basis you mention. > > > > > > Also, in Arabic legal scholarship, it is not difficult to find > > Jordanian > > > > > and Egyptian copyright scholars refer to نسب المصنف as attributing > > the > > > > > name of the author to his work. > > > > > I'm not thinking "Jordanian vs. Egyptian" copyright laws at all. I'm > > > > just arguing that maybe a justified and well-defined use of this or > > > > similar word could facilitate the use and acceptance of the license in > > > > its human front. > > > > > In your professional opinion, do you think it would be possible to > > > > define what العزو (or another single suitable word) means in the > > context > > > > of the license (eventually a contract itself)? > > > > For example by stating that "in the context of this license xxx means > > > > yyyy in such a way [...]"? > > > > > Alternatively, do you think it could be النسبة alone without the > > > > redundant المصنف ("work")? At least where the shor-hand form of the > > > > words are used in the license desgination, i.e. "Creative Commons: > > > > Attribution-XXX-YYY v3.0"? > > > > > > *2) **NonCommercial: غيرالتجاري instead of غير تجارية* > > > > > > Your comment here is correct as we are not referring to the license, > > but > > > > > instead to the work. We will change it accordingly. Thank you for > > > > > raising this point. > > > > > If you take a look at what I had sent on the mailing list you'd find a > > > > couple more of this kind of notes. > > > > > > *3) **ShareAlike: المشاركةبالمثل instead of توزيعه وفق نفس > > الترخيص > > > > > > and the > > > > > unfinalised suggested alternative المشاركة على قدم المساواة* > > > > > > * * > > > > > > There is no corresponding word for ShareAlike in Arabic that is used > > in > > > > > the Jordanian /Copyright Law/ as this concept is not found. > > > > > > Again, your translation is literal and to some users (not familiar > > with > > > > > the word share alike in English) do not give the needed meaning. > > > > > Furthermore, most legal scholars would not know what you are taking > > > > > about if you use المشاركةبالمثل. > > > > > I ask whether Share-alike has foundation in the legal jargon of English > > > > speaking jurisdictions? UK, US, Ausralia? > > > > If not, then there is space for defining words that are not necessarily > > > > rooted in existing legal jargon, as long as we define them well in the > > > > context and bind the definition to recognised, existing legal > > structures > > > > and code. Even if just for the sake of using it in the human layer of > > > > the license. > > > > > > We have been creative in coming up with this combination of words > > that > > > > > give the meaning. I am not sure if we need to use a “catchy word” as > > we > > > > > can come with many alternatives, but would it be understood? > > > > > If English-speaking people can be taught what "ShareAlike" means then > > it > > > > shouldn't be a problem educating Arabic speaking people what > > ... > > read more » --~--~---------~--~----~------------~-------~--~----~ لقد تلقيت هذه الرسالة لأنك مشترك في مجموعات Google مجموعة "CC Arab World المشاع الإبداعي". لإرسال هذا إلى هذه المجموعة، قم بإرسال بريد إلكتروني إلى [email protected] لإلغاء الاشتراك في هذه المجموعة، ابعث برسالة إلكترونية إلى [email protected] لخيارات أكثر، الرجاء زيارة المجموعة على http://groups.google.com/group/cc-arab-world?hl=ar -~----------~----~----~----~------~----~------~--~---
