I don't know how it works in the US, or anywhere else in the world for
that matter, but here in Belgium, a translator can be sanctionned by the
Court so that his translations become official. If anyone wants to
translate a document which translations has to be official, there is no
way except using a translator that has thus been sanctionned. So, if
after the translation, there is a problem, a sanctionned translator
would be in trouble, and if a translator who is not sanctionned was
used, the person who asked for the translation would be in trouble
because he should have asked a sanctionned translator to do the work...
Unfortunately, I don't know if this kind of things apply anywhere else,
but I'm pretty sure that's how it goes in the EU.

Franck Leonardo

-----Message d'origine-----
De : [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] De la part de Alec A.
Burkhardt
Envoy� : dimanche 25 ao�t 2002 21:51
� : [EMAIL PROTECTED]
Objet : Re: [Ogf-l] Non-English material


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

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