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  3. Law: Contract(s)

способы, обусловлены целью служебного задания

English translation: in any manner consistent with the purposes of the assignment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Russian term or phrase:способы, обусловлены целью служебного задания
English translation:in any manner consistent with the purposes of the assignment
Entered by: PoveyTrans (X)

10:14 Feb 13, 2008
Russian to English translations [PRO]
Law/Patents - Law: Contract(s)
Russian term or phrase: способы, обусловлены целью служебного задания
And finally...also regarding violations of software licensing rights. I cannot work out why the employer should be using the software invention 'by means of...". Individually the words make sense but I cannot figure out what it actually means.

It is from the CC of the RF which may explain the longwinded sentence.

Thanks, kak obicno!

Simon

в случае, когда исключительное право на служебное произведение принадлежит автору, работодатель вправе использовать такое произведение **способами, обусловленными целью служебного задания**, и в вытекающих из задания пределах, а также обнародовать такое произведение, если договором между ним и работником не предусмотрено иное. При этом право автора использовать служебное произведение способом, не обусловленным целью служебного задания, а также хотя бы и способом, обусловленным целью задания, но за пределами, вытекающими из задания работодателя, не ограничивается
PoveyTrans (X)
Local time: 05:31
in any manner consistent with the purposes of the assignment
Explanation:
Here's an example of what it might mean.

Suppose I am a software developer, and I get a contract to produce a payroll admin program for somebody, but without giving up all the rights to my program.

Then my customer is entitled to use the program in any way, as long as it's consistent with the terms of my contract; whereas I retain the right to use it in any other way (i.e. a use that falls outside the terms of the contract) or even use it in a way that might fall within the terms of the contract but is still beyond the scope envisaged (e.g. use it as a payroll program for another customer).

You'll need to see if this makes sense in the larger context.
Selected response from:

Ed Friesen
Grading comment
Thanks Gazoo and to all. Nice straightforward way of putting it. Simon
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1in ways determined (predefined) by/dependent on/specific to the purpose of the (work) assignment
Nadezhda Kirichenko
4the ways conditioned by the purpose of the task.
Elena Sims
3 +1in any manner consistent with the purposes of the assignment
Ed Friesen
4within the framework stipulated by employer's assignment
ruslingua
3 -1by methods conditioned by the purpose of the service order
Victoria Ibrahimova
3 -1for the purpose of carrying out the work
David Knowles


Discussion entries: 1





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
by methods conditioned by the purpose of the service order


Explanation:
not quite sure about "suervice order"

Victoria Ibrahimova
United Kingdom
Local time: 05:31
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 16
Notes to answerer
Asker: thanks but I am still not sure why an employer would use the software by dint of mthods conditioned by the purpose of the ... and what that actually means!


Peer comments on this answer (and responses from the answerer)
disagree  David Knowles: I don't often disagree, but this illustrates the problem:your literal translation doesn't mean anything to Simon or to me.
59 mins
  -> May I offer my deepest apologies! I don't find this a literal translation at all but quite normal language in legal speak
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35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
for the purpose of carrying out the work


Explanation:
Good luck with this - you need a sharp hatchet to cut through the verbiage!

David Knowles
Local time: 05:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Notes to answerer
Asker: Cut through but am left with a distinct lack of meaning. Back to the drawing board - or garden shed.


Peer comments on this answer (and responses from the answerer)
disagree  Victoria Ibrahimova: i also don't often disagree especially if I put a competing asnwer but tend to think your version is fairly off target.
4 hrs
  -> Well, I certainly can't object! I think the answers are creeping towards a solution.
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51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
the ways conditioned by the purpose of the task.


Explanation:
to my mind the meaning is that the employer can use the software invention in the ways stipulated ( or conditioned) by the purpose of the task.


Elena Sims
Local time: 16:31
Specializes in field
Native speaker of: Native in RussianRussian

Peer comments on this answer (and responses from the answerer)
neutral  David Knowles: Do you mean "as provided for in the task specification"?
22 mins
neutral  Dorene Cornwell: this one is too literal, not idiomatic, and not helpful but headed in the right direction so it gets a neutral.
3 days 11 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
in ways determined (predefined) by/dependent on/specific to the purpose of the (work) assignment


Explanation:
"обусловлены" here means that the purpose of the work assignment itself defines/predefines/establishes the ways in which a result of such work can be used (in other words, the assignment's purpose makes it clear/obvious as to how/in what way a work can be used)

--------------------------------------------------
Note added at 1 hr (2008-02-13 12:00:37 GMT)
--------------------------------------------------

http://www.jiport.com/test/?sname=syn&sw=обусловленный

Nadezhda Kirichenko
Local time: 05:31
Specializes in field
Native speaker of: Native in RussianRussian, Native in UkrainianUkrainian
PRO pts in category: 67
Notes to answerer
Asker: Thanks Nadezhda, that is now starting to make some sense.


Peer comments on this answer (and responses from the answerer)
agree  Igor Blinov: i'd say "in a manner determined/predefined/implied by"
4 hrs
  -> cheers!
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
in any manner consistent with the purposes of the assignment


Explanation:
Here's an example of what it might mean.

Suppose I am a software developer, and I get a contract to produce a payroll admin program for somebody, but without giving up all the rights to my program.

Then my customer is entitled to use the program in any way, as long as it's consistent with the terms of my contract; whereas I retain the right to use it in any other way (i.e. a use that falls outside the terms of the contract) or even use it in a way that might fall within the terms of the contract but is still beyond the scope envisaged (e.g. use it as a payroll program for another customer).

You'll need to see if this makes sense in the larger context.

Ed Friesen
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thanks Gazoo and to all. Nice straightforward way of putting it. Simon
Notes to answerer
Asker: Thanks. I will revert shortly when I have found a few moments to think through.


Peer comments on this answer (and responses from the answerer)
agree  Dorene Cornwell
3 days 10 hrs
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
within the framework stipulated by employer's assignment


Explanation:
or whatever is your idea for служебное задание

ruslingua
Local time: 07:31
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 28
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