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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Mon, 18 Nov 2013 19:09:51 -0500
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From: Klaus Graf <[log in to unmask]>
Date: Mon, 18 Nov 2013 14:13:05 +0100

Yes and I can envision the day when 2+2=5.

As I wrote recently in a German piece on CC-BY:

http://redaktionsblog.hypotheses.org/1769

the debate agianst CC-BY is a phantom debate arguing with possible
disadvantages while in fact all authors of hundred thousands of
articles under CC-BY are content with it.

Mr. Thatcher cannot prevent poor translations of hic one opinion pice at:

http://www.jlsc-pub.org/jlsc/vol1/iss1/5/

which has a no-commercial restriction, not a no-derivs restriction: CC-BY-NC.

I will make three things clear he ignores:

(i) I have to quote the legal code at

http://creativecommons.org/licenses/by/3.0/legalcode

" If You create an Adaptation, upon notice from any Licensor You must,
to the extent practicable, remove from the Adaptation any credit as
required by Section 4(b), as requested."

This means nothing else than as ultima ratio an author can withdraw his name.

And further: "Except as otherwise agreed in writing by the Licensor or
as may be otherwise permitted by applicable law, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as part of
any Adaptations or Collections, You must not distort, mutilate, modify
or take other derogatory action in relation to the Work which would be
prejudicial to the Original Author's honor or reputation."

If a poor translation damages the author's honor or reputation the
license isn't valid.

(ii) It is possible to exercise moral rights of the copyright beside
the license, e.g. to sue against the distortion of the copyrighted
item.

(iii) CC-BY doesn't suspend the rules and practices against scholarly
misconduct, e.g. ethic codes.

If a translation is poor - make a better one!

Klaus Graf



2013/11/17 LIBLICENSE <[log in to unmask]>

> From: Sandy Thatcher <[log in to unmask]>
> Date: Thu, 14 Nov 2013 20:53:50 -0600
>
> Yes, and I can envision the day when an author who published his work
> under a CC-BY license will come upon a translation that badly mangles
> his meaning and portrays him as a poor writer and will get upset, only
> to be reminded that the CC-BY license provides no protection against
> poor translations.
>
> Sandy Thatcher
>
> > From: Donald Taylor <[log in to unmask]>
> > Date: Thu, 14 Nov 2013 16:03:21 -0800
> >
> > The URL is
> > http://blog.alpsp.org/2013/11/copyright-business-or-moral-right.html
> >
> > Don Taylor
> > Simon Fraser University Library

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