[License-review] For Approval: YATeam Public License Version 1

[Pamela Chestek]

That doesn't answer the question posed, which was about not complying 
with the OSD.

Where there is a clause that says that one version is the legally 
operative one, then they shouldn't have relied on the translation 
provided for convenience.

I believe it's also true that some countries won't respect the choice of 
version stated in the license and will only enforce the local language 
no matter what the license says about it. So perhaps the lesson is only 
that translations shouldn't be part of the formal agreement.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
+1 919-800-8033

On 3/22/2022 5:02 PM, Russell Nelson wrote:
>
> From a legal point of view, it's untenable. Somebody relies on the 
> English language translation. They get sued because the Chinese 
> language version says something different. They reply "But you said 
> that they're the same". YATeam replies that the Chinese language 
> version is the real license and overrides anything the English 
> language version says.
>
> No. The proper way is "I cut the cake, you pick the piece." Or in 
> context, YATeam allows the defendant to choose whichever language 
> version they want. YATeam then has all the incentive needed to make 
> the licenses have the same effect, and if they haven't, the defendant 
> can choose the version most beneficial to their case. If YATeam 
> doesn't like that, well, they should have worked harder.
>
> We went through this with a European Union license, where they wanted 
> the license to have effect in different languages.
>
> On 3/22/22 1:06 PM, Eric Schultz wrote:
>> Russell,
>>
>> Could you elaborate on why this isn't acceptable as it relates to the 
>> OSD?
>>
>> Eric
>>
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