RV: Public License of Translation - OSI approval request

[I.R.Maturana]

Hello,
It appears there is no people at the license-approval at opensource.org
address to confirm the receipt of my request. In the meantime,
I send also this copy to the list, to contribute to the discussion.
I.R.Maturana



-----Original message-----
to: 'license-approval at opensource.org'

Date   : 21-fev-2002 (GMT+1 Paris-Madrid)
Author : I.Robredo Maturana -- irm at in3activa.org
Topic  : OSI approval  procedure
Subject: Public License of Translation - OSI approval request

Authorization:
I allow posting of the full contents of this request with
my full identification


PROCEDURE - STEP 1 : Put the license on a web page in HTML form
------------------------------------------------------------------

The license in HTML format can be found at:
http://www.in3activa.org/doc/PLT.html

(with format requirements. Also attached to this request)

The same license in TEXT format can be found at
http://www.in3activa.org/doc/text/LPT-ENv1r2.txt



PROCEDURE - STEP 2 : OSI-approved license comparison
------------------------------------------------------------------

Q: Tell us which existing OSI-approved license is most similar
to your license.

A: The most similar OSI approved license is the GPL as this license
introduce the basic licensing mechanism for OS licenses.
GPL gives also the squeletton of the PLT license.

---

Q: Explain why that license will not suffice for your needs.

R:
To start the case, LPT understand literally the comparison given by
the author of GPL, that software is like a book which can be read,
and therefore, a book which can be translated.

The LPT develops the GPL mechanism, applied to translatable works.
Translatable Work includes software, but also Web sites, databases,
and any work which needs to be translated before people can enjoy it
universally.

There are 2 main points for authors who want to use the PLT:

First point, when using the PLT, an author introduces a distinction
between:

- The Internet Visibility of the source Work, which is mandatory.
  Author must give a non-restrictive access to source contents,
  and must allow the non-restrictive translation of the Work on
  Internet.
  The term translation implies the same requirements than any
  OSI certified license: modification, copy and use without need
  to contact the author even for commercial usage.

- Any use of the Work outside the Internet Visibility requirement.
  Author may complete the PLT license with other licenses, as long
  as this complementary license does not conflict with the Internet
  Visibility requirement of the PLT.

Second point, an author recognizes the equality of commercial
rights of translators, but retains the effective tutelage on all
translated versions:

- Author who uses the PLT recognizes explicitly the equality of
  commercial rights of author and  translators on their respective
  versions, in their respective languages and in their respective
  countries.
  As the Internet Visibility Requirement is mandatory, the equality
  of rights is required by the PLT because Authors and Translators
  are protected by the same Laws and Treaties.

- Author retains the exclusive tutelage of any version of the Work.
  Tutelage right (this term is more appropriate than "moral" right)
  implies that the Author may choose whom translator and which
  translated version may be used outside Internet Visibility.

---

Q: If your proposed license is derived from a license we have already
approved, describe exactly what you have changed.

R:

RESTRICTION section of LPT is a direct adaptation of
articles 5,6,7,8 and 10 from the GPL.

DISCLAIMER LIABILITY section of the PLT is a direct adaptation of the
NO WARRANTY section of GPL.


The PREAMBLE and LICENSE sections of LPT are genuine rewriting based
on studies on intellectual rights. I worked on the Berna Convention
and following WIPO Treaties, along with the IP Laws applied in US,
France and Spain as countries. The draft version of PLT come from 1999
based on a general worldwide translators discussion in "traducción".
The discussion started in 1989 in the main Spanish University mail list.
Archives can be searched on the site www.rediris.es (Traduccion).



PROCEDURE - STEP 3 : OSI-approved license comparison
------------------------------------------------------------------

Q: Explain how software distributed under your license can be used in
conjunction with software distributed under other open source licenses.

R: PLT license is used, and can be used, in two ways:

- As a "Foundation" license, (i.e., software Works) which allows
authors and translators to complete their respective versions of
the Work with more apropiate licenses, if used outside Internet
Visibility.
The PLT is actually used as a Foundation License for the
full "in3activa.net" site contents and the In3activa Chart of
Translators and Interpreters. Other projects coming.

- As a "Final" license, (i.e., books, poetry, news, mail list and
archives, translators' glossaries and resource databases...) where
the form and the translatable contents are the same, that is, pure
language or information.
The PLT is actually used on profesional translators mail list:
. Xis - professional statistics, at freelists.org;
. Xem-general list at SourceForge.
. in3list at yahoogroups
(Not: PLT apply to individuals Works, like mails, and therefore
take precedence over the proprietary license like these)

I also wish to be able to use the PLT for software development at
SourceForge (cannot use non OSI-approved licenses :(

---

Q: Which license do you think will take precedence for derivative
   or combined works?

R: The LPT license take precedence as long as an Open Internet
   Visibility is required before to choose an exploitation license
   for some version, some language or some country.

---

Q: Is there any software license that is entirely incompatible with
your proposed license?.

R: No. As described above, PLT can be used as a foundation license
for non-Internet Visible licenses.
In fact, the only compatibles licenses I can understand here are
OSI-Licenses. Theoretically, it is possible to choose a propietary
license... as long as the chosen license does not conflict with the
Open requirement implied by the Internet Visibility requirement
of PLT.


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CONCLUSION

To give the final point, PLT can be described as a development of the
GPL mechanism which allows authors and users (named, the "translators")
to create a authoritative open space on Internet, which guarantees
the free access to contents and source forms of Works, and the right
of people to use their own language.
The LPT space is based on the same Intellectual Laws which protect
software, contents, as any Translatable Work.

21-fev-2002 (GMT+1 Paris-Madrid)
I.Robredo Maturana -- irm at in3activa.org
Aptdo 15.117 - 28019 Madrid ES-Spain
(EN > [ES<>FR] software localizer and translator)

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