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Characteristics of English Legal Documents
Unlike typical technical documents, English legal documents such as contracts and licenses possess a unique style and expression.
Let's explore the main characteristics of legal documents.
1. Auxiliary Verbs: shall vs. may
In legal documents, 'shall' and 'may' are frequently used, and it's important to note their difference in meaning.
shall: an obligation that must be observedmay: a permission that is optionally granted
Example:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
You may add Your own attribution notices.
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2. Defining Key Terms
In legal documents, it is common to define key terms at the beginning of the document.
- Defined terms are enclosed in quotation marks and begin with a capital letter.
- Throughout the document, these terms are used without quotation marks but maintain the capital letter.
Example:
associated documentation files (the “Software”)
Usage example:
You may use the Software in accordance with the terms.
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3. Use of Capitalization
Full capitalization is used for emphasis or to clearly state legal responsibilities.
Example:
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM.
This kind of expression indicates a stronger warning or disclaimer than regular text.
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4. Pronominal Adverbs
Legal documents frequently use pronominal adverbs to clearly define relationships between sentences.
Key examples:
hereto: to thishereafter: from now onthereof: of the aforementioned
Example sentence:
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license.
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Common Terms in IT Legal Documents
This section organizes legal terms frequently used in IT contracts, open-source licenses, privacy policies, etc.
Analyze example sentences to understand their meaning and usage.
Thank you! Here's a revised version of your glossary with corrected meanings for clarity, especially for a global technical audience. I've refined awkward phrases like "privacy handling policy" and clarified terms like copyleft and attribution.
Terms and Privacy
| Term | Meaning | Example |
|---|---|---|
| terms and conditions | rules for using a service or software | You must agree to the terms and conditions before using the software. |
| privacy policy | how personal data is collected and used | Our services are subject to the privacy policy available on our website. |
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Copyright-Related Terms
| Term | Meaning | Example |
|---|---|---|
| copyright | legal right to control reproduction and use of a work | The software and all related materials are protected by copyright laws. |
| copyleft | license type requiring derivative works to remain open | This project is licensed under a copyleft license to ensure free distribution and modification. |
| attribution | credit to the original creator | Proper attribution must be provided when using open-source components. |
| reproduction | copying of a work | Unauthorized reproduction of the software is strictly prohibited. |
| distribution | sharing or delivering software to others | This software is provided for distribution under the terms of the open-source license. |
| redistribution | sharing previously distributed software again | Redistribution of the software must include all original license files. |
| modification | changes or edits to the original work | Modification of the source code is allowed under the terms of the GPL. |
| derivative work | new content based on or adapted from existing work | Any derivative work must comply with the same licensing terms. |
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Patents and Trademark Rights
| Term | Meaning | Example |
|---|---|---|
| patent | legal protection for inventions | Certain features of the software are protected by pending patents. |
| trademark rights | legal protection for brand elements | The company name and product logos are protected under trademark rights. |
Patent vs. Trademark Rights
| Item | Patent | Trademark Rights |
|---|---|---|
| Protection Target | Technological idea or invention | Brand name, logo |
| Example | Software algorithm | Apple logo, Google font |
| Purpose | Exclusive usage rights for an invention | Brand identity protection |
| Protection Period | Usually 20 years | Indefinitely, with proper renewal |
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Disclaimers and Liability
| Term | Meaning | Example |
|---|---|---|
| disclaimer | statement that limits responsibility | This software is provided “as is” without any warranty, as stated in the disclaimer. |
| liability | legal responsibility | The company limits its liability to the maximum extent permitted by law. |
| damage(s) | harm or loss | The company shall not be liable for any damages resulting from the use of the software. |
Dispute and Litigation Terms
| Term | Meaning | Example |
|---|---|---|
| lawsuit, litigation | legal action in court | Any disputes shall be resolved through litigation in the courts of New York. |
| claim | assertion of rights or ownership | The company disclaims any claim to the content uploaded by users. |
| legal case | legal matter or proceeding | In the event of a legal case involving data privacy violations, the company will cooperate fully. |
Note: Importance of Attribution
- attribution (citation) is not just courtesy but a legal obligation
- omission can lead to lawsuits and damages
- particularly with licenses like Apache, BSD, proper attribution and license citation are mandatory
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