language

  • GNU licences now adapted to Swiss legal language

    According to www.opensource.ch, reading the original text of open source licences is very challenging. Swiss IT legal specialist Wolfgang Straub has made a new translation into German of three major open source licences, the GNU GPL, GNU LGPL and GNU Affero GPL and aligned them with Swiss legal language. In addition, he is also providing an introduction to the law on open source licences and various checklists for download free of charge at www.opensource.ch.

    The licences of the Free Software Foundation (FSF) have been amongst the most frequently used open source licences for many years. In 2007 the FSF published version 3 of the GNU General Public License (GPL), the GNU Lesser General Public License (LGPL) and the GNU Affero General Public License (AGPL). The Berne-based IT legal specialist Wolfgang Straub has now made a new translation of the text of these three licences.

    Linguistically, the initial German translations of the GNU GPL and the GNU LGPL by Peter Gerwinski are based as closely as possible on the original English text. They are based upon German legal language. Wolfgang Straub has made a new translation of the licences and adapted them to Swiss legal language. The wording and presentation are aimed at the best possible comprehensibility. The new translations are published under the Creative Commons Attribution 2.0 licence and are available for download free of charge at the Swiss Open Source Portal www.opensource.ch as PDF and ODF files.

    Wolfgang Straub is the author of several publications on Swiss information technology law. He is also the author of the book “Softwareschutz – Urheberrecht, Patentrecht, Open Source” (Software Protection – Copyright, Patent Law, Open Source) published by Dike Verlag in 2011. The chapter on open source software is now available free of charge for download (PDF). It contains a systematic overview of legal matters concerning open source licences, a bibliography and various checklists for practical use.

  • Court adjournments continue due to interpreter absences

    A quick search of the local media reveals that every week courts all over England and Wales are having difficulty booking interpreters when they need them since Capita T&I gained the contract for providing them for the Ministry of Justice.

    On Tuesday The Bolton News reported that a suspected cannabis farmer had to have his court hearing adjourned because his Vietnamese interpreter did not attend.

    The defendant, Hiep Thai, was remanded in custody by Bolton Magistrates Court.

    Meanwhile in Swansea Crown Court, four Latvian defendants were unable to enter pleas in a case concerning an alleged kidnapping and assault in Carmarthen, according to the Carmarthen Journal on Wednesday.

    The defendants were unable to enter any pleas because the court had been unable to arrange for a Latvian interpreter to be present.

    Judge Peter Heywood ordered the 4 defendants to return to Swansea Crown Court on 5th September (will Crapita be able to arrange an interpreter at such short notice? Ed.) for their next hearing, when they will be asked to enter pleas. In addition, the court was informed that a Latvian, Polish and a Bulgarian interpreter would probably be required for the trial to take place.

    One defendant, Juris Udrins, remains on remand in Swansea Prison, whilst the other 3 – Aleksandrs Turcans, Armands Nikiferovs and Guntis Goldins were bailed.

  • Dorchester Crown Court: Crapita found in breach

    Earlier today barrister Charles MacLean Cochand tweeted the following from Dorchester Crown Court:

    It is understood that the replacement Portuguese interpreter booked via Crapita is travelling to Dorchester from Nottingham, a round trip of over 400 miles. This interpreter is due to arrive at 2.00 pm, according to Mr Cochand.

  • Juvenile errors

    Today’s online version of the Bristol Post carried a piece with a real howler of a typo in its headline, as shown by the following screenshot.

    screenshot of Post headline stating Bristol councillors' pay is BELOW the minimum age

    After reading the headline, I was uncertain as to whether our councillors are below the minimum age or ‘earn’ less than the minimum wage for their services.

    The typographical error in the headline has since been corrected.

    By equating the councillor’s allowance with a wage or salary, the Post is making yet another juvenile error. Elected members of the City Council receive allowances in recognition of the time, work and costs involved in allegedly representing the people of Bristol; a wage is defined by Collins English Dictionary as a “payment in return for work or services, esp[ecially] that made to workmen on a daily, hourly, weekly, or piece-work basis.”

    Furthermore, yesterday the Post lifted this story from The Guardian about probable nuclear targets in the UK in the 1970s and completely misinterpreted the map (PDF) produced by The Guardian to accompany the piece, which clearly shows Bristol as a probable nuclear target, one of 106 around the UK. Instead the Post confidently proclaimed in its story that “Bristol was not thought to be important enough to be a target for Soviet missiles, according to government papers made public yesterday”.

    Fellow local blogger Stockwood Pete commented this was “Horribly inaccurate reporting even by the Post’s low standards.”

    One has to wonder if quality control is beyond the abilities of the Bristol Post.

  • Crapita makes one L of a mistake

    image of Scarborough Justice CentreCapita Translation & Interpreting has made yet another linguistic cock-up, landing the taxpayer with a bill for £3,000 when asked to supply interpreters for a Lithuanian accused of stealing two bags for life worth 20p, according to Thursday’s Yorkshire Post.

    Tadas Tarkutis was accused of stealing these low value items from Sainsbury’s in Scarborough and arrested. A Lithuanian interpreter was arranged to attend the police station, making a 120 miles round trip from Harrogate.

    However, when Tarkutis appeared in Scarborough Magistrates Court the following morning the same interpreter was unavailable and Capita T&I arranged for a substitute – a Latvian interpreter who made a wasted 320 miles round trip from Rugby. Tarkutis was then remanded in custody overnight while a replacement interpreter was sought for the next day.

    This time Capita T&I were able to supply a Lithuanian interpreter, Tarkutis admitted the crime and was jailed for 6 weeks breach of a suspended sentence.

    One court source is reported by the Post as saying: “It was as if someone somewhere had just picked out a country that begins with ‘L’. It was ridiculous.”

    Quite.

    Capita describe as a company “you can rely on”. One can definitely rely on Capita to cock things up.

    The Yorkshire Post’s reporter refers throughout the piece to the linguists involved as translators. He or she – should they happen to visit this blog – definitely needs to read my illustrated guide to the difference between the two.

  • Avon (still) calling

    The Heath government’s Local Government Act of 1972 radically overhauled local government arrangements in England and Wales.

    In particular, it redrew the map of the shire counties, some of which had been in existence in some form since medieval or Saxon times.

    coat of arms of Avon County CouncilOne of the Act’s results was the creation of the County of Avon, a non-metropolitan county, which survived from its creation on 1st April 1974 until its abolition on 31st March 1996, when it was succeeded by the present unitary authorities of Bristol, South Gloucestershire, Bath & North East Somerset.

    Despite its abolition and its failure to engage popular support during its existence (it was widely derided at the time as a “cardboard county”. Ed.), Avon is proving harder to eradicate than a vampire. Its legacy can be found all over the West of England and the defunct county’s former administrative area.

    In organisational terms, its name crops up in the following public and private bodies:

    In addition to the above, there’s still an Avon Coroner’s district, the Forest of Avon community forest project and one can by an Avonrider ticket on local bus services.

    Although it ceased to exist nearly two decades ago, many bodies still insist that Avon forms part of the postal address of places like Bristol in spite of the fact that the Royal Mail long since indicated that it was not necessary to include Avon as part of any address as Royal Mail itself had abandoned the use of postal counties in 1996.

    The inspiration for this post came from a conversation this morning on Twitter.

    Any further instances of the survival of Avon can be posted in the comments below.

  • Lack of interpreter delays Staffordshire court case

    image of gilded statue of Justice on top of Old BaileyMonday’s Stoke Sentinel reported that magistrates at the North Staffordshire Justice Centre in Newcastle under Lyme had to adjourn a case until 30th May to allow for an interpreter to be arranged for the defendant.

    Antonia Lakatos, of Gladstone Street, Basford, Stoke on Trent, is charged with theft of alcohol and clothing worth £345.15 from Asda in the Wolstanton district of Newcastle under Lyme, as well as going equipped for theft with an item used for de-tagging shop merchandise on 31st March.

    Will an interpreter turn up? After all, some of the interpreters working for Capita T&I cannot even be bothered to turn up for a case being heard by someone as senior as the President of the Family Division of the High Court of England and Wales (posts passim).

  • A ‘concerning state of affairs’

    image of Sir James MunbyYesterday’s Law Gazette reports that senior judge Sir James Munby, who is the President of the Family Division of the High Court of England and Wales, has described the arrangements for providing court interpreters under the contract between Capita and the Ministry of Justice as “unacceptable” after he was forced to abandon a final adoption hearing after Capita was repeatedly unable to provide interpreters for the Slovak-speaking parents.

    Sir James ordered Capita to explain why neither of the 2 interpreters booked for the 7th May hearing had attended. He described the response to the points he raised in his judgement (PDF) from Capita’s relationship director Sonia Facchini, as disclosing a “concerning state of affairs”, with 3 points “demanding notice”.

    In the first instance he noted: “The contractual arrangements between Capita and the interpreters it provides do not give Capita the ability to require that any particular interpreter accepts any particular assignment or even to honour any engagement which the interpreter has accepted.”

    Secondly, he drew attention to the short notice courts were given of any cancellation of a booking by a interpreter (2 pm on the day before the hearing). This gives the court insufficient time to make alternative arrangements.

    Thirdly, he noted the lack of suitably qualified interpreters. On the day in question, Capita needed 39 Slovak interpreters to cover the workload requested by the courts; Capita only had 29 suitably qualified Slovak interpreters on its books for court hearings that day, of whom a mere 13 were within a 100-mile radius of London’s Royal Courts of Justice.

    Defending his adjournment, Sir James stated: “Anyone tempted to suggest that an adjournment was not necessary might care to consider what our reaction would be if an English parent before a foreign court in similar circumstances was not provided with an interpreter.”

    Quite.

    When approached for a response to the learned judge’s remarks, both Capita and the MoJ made their usual, meaningless soothing noises that are not worth transcribing, let alone reading.

    In political terms, the responses by the MoJ to concerns about its contract with Capita are akin to the “Big Lie“. However, the lies told by its various spokespersons over the years are so preposterous, no-one with any sense is buying their propaganda.

  • Southwark Crown Court shambles

    image of Southwark Crown CourtThe report below – written by Heather Howe and reposted from Linguist Lounge – shows that the Crapita/MoJ court interpreting disaster is still rumbling on (posts passim).

    Chaos such as this is being repeated in magistrates and Crown Courts in England and Wales every day. Nevertheless, this shambles – as Heather Howe so aptly describes it – and criminal waste of public funds is not getting the attention it really deserves in the mainstream media.

    SOUTHWARK CROWN COURT – 23rd May 2014 serious matter listed not before 11am. No interpreter until 10.50 could be found therefore no assistance with conference with client and counsel. Into Court and started lengthy sentence hearing interupted [sic] by Jury returning in another matter and delayed until 12.30 ish. Returned to court and interpreter announces that he has to leave by 1pm. Case started but unable to finish and further interpreter sought. 2.15pm advised that only intepreter available was unqualified and without court experience. Further delays until about 3.30 when Court sat and considered adjourning case. All parties huge inconvenience and court empty for most of afternoon. An interpreter never arrived and we proceeded to sentence in the absence of interpreter and agreement of client. Lengthy conference will be required in prison with registered intepreter and full notes to explain sentence. Additional costs for all concerned. The last hearing at Southwark CC we have already complained that no interpreter arrived. That was simply a mention hearing and we managed after some delay and costs of empty courtroom. I am writing to the MP and the Court about this and lodging a formal complaint.

    There was a case I did in Northampton last year with 4 Columbian clients and multiple charges. Two interpreters arrived and refused to attend the cells for conference. Again one had to leave at lunchtime, delayed again and hours spent for counsel and prison staff while clients were seen. SHAMBLES.

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