Wrong way to ask?
Thread poster: Tact18
Tact18
English to French
Oct 5, 2002

Hi all,



I posted a question with a title to indicate what I was talking about. I got one answer with the translation of the title but not the answer to my question. Was my question asked wrong or maybe this is not where I should have posted it. Could you please let me know how to go about it...

My question was \"MP3Pro License\" in the English -> French section of KudoZ.

Thanks,

Mike


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Claudia Iglesias  Identity Verified
Chile
Local time: 08:52
Member (2002)
Spanish to French
+ ...
You were right but Oct 6, 2002

Your question needs time and research (I think), so I\'ll put it here where more people can see it for longer. (I hope I\'m right doing this)



Question

One customer asked me to find the \"official\" translation (i.e. he doesn\'t want me to translate it) in French of the license that goes with MP3 hardware. If you know what it is, and on which sites it can be found I would appreciate it greatly. (I can only find it in English.) This is it:

\"Supply of this product only conveys a license for personal, private and non-commercial use and does not convey a license nor imply any rights to use this product in real time broadcasting (terrestrial, satellite, cable and other media) or broadcasting via internet or other networks, such as but not limited to intranets or in pay-audio or audio-on-demand application. An independent license for such use is required.\"



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cheungmo
English to French
+ ...
Here's the problem Oct 6, 2002

First, Thompson Multimedia\'s MP3 licensing Website, www.mp3licensing.com, is only in English (Thompson Multimedia is the developer of MP3). Thompson Multimedia\'s website, www.thomson-multimedia.com/, has nothing in French for the licence you describe.



It does not have your licence in English either. I\'ve only found your license at perceptiondigital.com, simacorp.com, and a subsite for Gretchen, despite the fact that there are at least one hundred companies that licence MP3 from Thompson.



So the real question is: is there an official French-language end-user licence? Heck, I don\'t even think there\'s an official English-language licence.



Second, the language of a licence is specific to a jurisdiction. American companies word their licence in accordance with the jurisprudence in the US, French companies would word theirs in accordance with the civil code in France, etc.



And, because the end-user licence is a contract between the user and the company granting the licence, there cannot be any *official* wording: contracts are a private matter (in all jurisdictions).



So, as far as your client is concerned, if your client is American for instance, how could an \"official\" French-language license be enforced **in French** in a US court? Trust me, no US company would allow litigation regarding a US license to take place outside the US.



To pull that off, you would need a judge who understands French, lawyers for either party who understand French, and jury members (assuming the plaintiff or defendant would elect to have a civil jury trial) who all understand French. And French not being the official language in the US, I cannot see how this could be...





There probably is no official French version of the license.







Pierre



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TTV  Identity Verified
France
Member
German to French
I may be wrong Oct 7, 2002

I may be wrong, but it seems like a way to have an EULA translated \"for free\". \"Tact18\" doesn\'t give many information about him/her. By the way, i\'ve been asked for three days to translate an EULA and have no news since. But it can be just a coincidence.

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Tact18
English to French
TOPIC STARTER
No freebies for me... Oct 7, 2002

Quote:


On 2002-10-07 11:49, TTV wrote:

I may be wrong, but it seems like a way to have an EULA translated \"for free\". \"Tact18\" doesn\'t give many information about him/her. By the way, i\'ve been asked for three days to translate an EULA and have no news since. But it can be just a coincidence.



René,

If you are suggesting that I am looking for a \"free translation\" you are wrong. Let me assure you that it would have been 10 times faster and easier for me to translate it directly. The question was that since this is a legal warning put out by a European company (Thomson) there must be a French version of it. In any case, since it seems that there isn\'t, I\'ll translate it right here and I hope you will let me know what you think (since it seems no official translation is available, they might have to use mine.....)

L\'achat de cet appareil ne donne droit qu\'à une utilisation à fins privées, non-commerciales et ne donne ni n\'implique aucun droit d’utiliser cet appareil pour une radiodiffusion en temps réel (par voie terrestre, par satellite, par câblodiffusion et/ ou autre moyen) commerciale (c.-à-d. afin de générer des profits), radiodiffusion/transmission continue par Internet, intranets et/ou autres réseaux ou autres systèmes de distribution de contenu électronique, comme les applications de musique payante ou de musique à la demande.

Regards,

Tact18



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