exécution de la licence

14:12 Sep 6, 2019 

Hello all,

Yes, the Google search results have certainly caused a problem but the hits we can see for "performance of the license" generally have a noun like "performance of the license AGREEMENT" or "performance of the license OPERATOR" (with some exceptions admittedly)

There may be a difference here between US and UK English which we can all calmly discuss but giving out disagrees and being sanctimonious puts peoples' backs up.

i see that the asker rejected this answer in favour of "use/exercise/implementation" and most people who responded seem to have favoured this too despite the unfair disagree.

On the often used argument of Legalese, most countries have declared that they want to move away from it as has the EU:

"the wording of (an) Act should be clear, simple, concise and unambiguous; unnecessary abbreviations, "community jargon" and excessively long sentences should be avoided".

This question is for me a good example of where it was completely unnecessary to use Legalase.

Regards

SafeTex

15:30 Sep 5, 2019 

For the record: A search for "performance of the licence" returns a page that says that there are 1.5 million hits. However, if you go to the bottom, you find only two pages of hits, or about 10 hits.
A search for "performance of the license" returns a page that says that there are 10.5 million hits. However, if you go to the bottom, you find only four pages of hits, or about 20 hits.

15:29 Sep 5, 2019 

Truly weird. Using Firefox, 28 hits, using Chrome, around 10,000,000 but if you look at the number of pages, there are just 4 pages with around 30 hits after all (which makes no sense)

14:51 Sep 5, 2019 

SafeTex, I'm not sure what's wrong with your search (perhaps check your spelling of all words?), because this phrase in quotes gets 1.5 million google hits: "performance of the licence." The US spelling in quotes ("performance of the license") gets 10.1 million hits.

But you cannot "perform a license" in English

...says the guy with a degree in linguistics. Yes you can, says the intellectual property lawyer, whose profession involves drafting, reviewing and litigating intellectual property licenses in English.

If you're honest with yourself, which of us do you think knows more about English legalese? And if you wouldn't aggressively insist that a cardiologist is wrong about an English cardiology term, why do you insist that an intellectual property lawyer is wrong about an English intellectual property law term?

I wouldn't aggressively insist that you were wrong about linguistics jargon, because you've got a degree in linguistics and I don't. Just saying.

14:04 Sep 5, 2019 

Check your number of hits 'cos I'm talking about the exact phrase in speech marks.

Secondly, the few hits it does get are for "performance of the licence CONTRACT" or "performance of the Licence holder's NETWORK".

In other words, there is always a noun or noun phrase afterwards, something that can perform in English

But you cannot "perform a license" in English.

If your term was legalese, it would still show up in Google more than a mere 25 times.

Finally, the thing about you being an expert like a cardiology team and therefore beyond challenge is a joke eh?

12:53 Sep 5, 2019 

[SafeTex]... a suggestion that is barely standard English

It's not standard English at all. It's legalese, the type of English seen in legal contracts -- the type of documents that I draft, review, and litigate on a regular basis, since I'm an intellectual property lawyer.

In a discussion on the translation of a cardiology term, would you tell a translator who was also a cardiologist that their proposed translation was wrong because it didn't get many Google hits and was "barely standard English"? I hope not, because that would be ridiculous.

BTW "performance of the licence" gets 1.5 million hits, with directly relevant ones right on page 1: a legal treatise called "Intellectual Property & Private International Law"; an EU court judgment about "an arbitration award relating to the performance of a [patent] licence agreement"; etc.

[PhilGoddard]: A license is a permission to do something, be it kill badgers or sell someone else's products

Are you always this defensive? Or do you sometimes like to learn things you didn't already know? The language used in legal contracts is not the same as the language used in applications for badger-killing licenses.

11:08 Sep 5, 2019 

A license is a permission to do something, be it kill badgers or sell someone else's products.

09:35 Sep 5, 2019 

"performance of the license" gets 25 Google hits
"use of the license" gets 44,400,000

I think most of us can all draw a conclusion from that and the type of license makes no real difference.

To then go on and give Phil's suggestion a disagree is disgraceful in order to "promote" a suggestion that is barely standard English.

05:35 Sep 5, 2019 

I can understand why you think I'm wrong, since you posted examples of the word "licence" together with the words you proposed. The thing is, "license" means different things in different contexts, and your examples are from a completely different context.

The OP's text is part of a technology licensing contract between businesses. Party A is granting Party B a license to use Party A's technology (a robot and its software). In FR these are "contrats de licence de technologie" or "licences de technologie." It's a droit commercial term.

The examples you posted are not contracts at all; they're about government permits (a.k.a. licenses) to kill badgers, legally operate a gambling website, or become a bartender. In FR these are often called "permis" (def. B ici: https://www.cnrtl.fr/definition/permis ) -- for instance, un permis de chasse au blaireau -- or "licences" (licence de débit de boissons). It's a droit fiscal or droit administratif term.

The language of government permit granting is not the same as the language of commercial technology contracts. That's why your translation hits the wrong register and your examples don't mean that it's right.