Hi, I'm bumping up the discussion since there were no answers to the legal opinion by the FSFE to see if that's now fine with everybody. I'm also starting a discussion on debian-l10n-french about this (on the Q&A side).
sincerely, Pierre [email protected] On Tue, Apr 23, 2013 at 1:28 PM, Pierre Slamich <[email protected]>wrote: > Hi, > I've just received the following answer regarding my question from this > thread (https://lists.debian.org/debian-legal/2013/04/msg00009.html) from > the FSFE legal team. > The answer is positive and seems pretty clear, but of course, as astute > lawyer cats, they point out that it is not legal advice :-) > > Pierre > [email protected] > > ---------- Forwarded message ---------- > From: Hugo Roy <[email protected]> > Date: 2013/4/23 > Subject: Re: Fwd: Is it ok to contribute Google-Translator Kit generated > translations to Debian ? > To: Pierre Slamich <[email protected]> > Cc: [email protected] > > > Hello Pierre, > > I hope you do not mind me replying in English. I suppose our > answer will be more useful to you when you get back to > debian over this issue ;-) > > From the legal perspective, your issue boils down to whether the > generated output using the Google Translator Kit would be > restricted by Google. > > The potential restrictions are twofold: > > - if Google is vested by copyright in their intervention > (basically providing automated translation), > - if Google restricts your use of the generated output > contractually, i.e. in their terms of service. > > On copyright, it is quite clear to us that the output generated > via Google Translator Kit is not restricted by Google's > copyright. > > The translation is an adaptation, but it is automated. Under > some legal theories, something automatically produced *could > be* copyright of those who establish the systems that produce > the content, but there must be some degree of creativity in the > process itself rather than brute application of grammar and > linguistic rules. Application of grammar and linguistic rules is > not aimed at creating anything new. (The software, in its own > standing is probably original enough, but it does not mean its > output is original). > > So you can safely assume the translation is *not* derivative of > the language used by Google, nor are they a database. This is > more so if there is human intervention. > > Now, only the terms of service could stand in the way. But as > you can see from the Google Translator Kit website, the terms > are Google's general terms which state: > > Using our Services does not give you ownership of any > intellectual property rights in our Services or the > content you access. You may not use content from our > Services unless you obtain permission from its owner or > are otherwise permitted by law. > > It seems very clear that “the content you access” include > translations output from Google Translator Kit. You are > permitted by law to use that, as it is outside of Google's > copyright range (and as a translation of translations from free > software, you certainly have permission from the free software > developers). > > This is not legal advice, but I hope it helps! > > Best regards > Hugo > > > -- > Hugo Roy, Free Software Foundation Europe > FSFE Legal Team + Deputy Coordinator, www.fsfe.org/legal > FSFE French Team + Coordinator, www.fsfe.org/fr > > Support Free Software, sign up! https://fsfe.org/support > >
