From: Sandy Thatcher <[log in to unmask]>
Date: Mon, 18 Nov 2013 19:38:02 -0600

I'm well aware of the proviso of the CC-BY license Klaus cites under
(i). But I interpret that to mean, as it would in libel law, "actual
malice," viz., intentional distortion, mutilation, modification, etc.
I do not believe it would invalidate the license if simply a poor
translation is prepared with good intentions. Is there any lawyer on
this list who would care to express an opinion here?

Sandy Thatcher


> 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