On Sun, 25 Aug 2002, Doug Meerschaert wrote:

> Alec A. Burkhardt wrote:
>
> >There may also exist a translated version for people who cannot
> >read the foreign language so they can understand the contract, but that
> >version has no legal validity.  The same can be done for the OGL.
> >
> >
> Odd, random question:
>
> Would someone translating the OGL for ease of use have a legal duty
> towards native spearkers of the tranlsated-to language to ensure that
> the translation is accurate?  If I had someone who's a non-native
> speaker of Italiian (Say a colledge student who claims he can speak and
> read italian fluently) translate the OGL into Italian, and there were
> mistranslations, would we (let's assume that I employed the translator)
> be liable for ensuring an accurate translation?

Let me try saying this another way:  The translated version has *NO LEGAL
EFFECT* because it is not the legal document - only the English language
version can be the legal license because that is a requirement of the
license itself.

Now if you are asking the question of if someone who provides a
translation for understanding is legally liable if someone relies on said
translation, goes ahead and uses the OGL (in English as they are required
to), makes a mistake because they didn't understand the OGL due to the
translator making mistakes in translating, and now wants to sue the
translator for whatever damages might have resulted, my answer would be
"it depends" beause there are a number of other factors that are going to
be important, most importantly what the direct relationship is between the
translator and the publisher.  And no matter what the answer to the
question is, it won't remove the publisher's liability for any failures in
following the OGL.  It might given them someone else to go after later,
but they are still responsible for their own products.

alec

_______________________________________________
Ogf-l mailing list
[EMAIL PROTECTED]
http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l

Reply via email to