otherwise public information

Discussion in 'Legal Terminology' started by ximenad, Feb 12, 2013.

  1. ximenad

    ximenad Senior Member

    ON, Canada
    French
    Hello fellow translators :)

    I am translating (EN>SP) an MoU, and I find this sentence under the "definitions" chapter.

    The whole sentence states:
    (...) and any compilation of otherwise public information in a form not publicly known, disclosed between or on behalf of the parties either orally or in tangible or visible or machine readable form.

    I first thought that part (in Bold) could be translated as "otra información pública", but I am not sure at all; I would sincerely appreciate if you could help me...

    Thanks in advance,
     
  2. robjh22 Senior Member

    U.S.A. & English
    No, I don't think it means "other," unless the writer of the English text is himself mis-using "otherwise." Can you provide more context, specifically the language before that clause?
     
  3. Bubilay

    Bubilay Senior Member

    Misteriosa Buenos Aires
    ~Argentina~ castellano...
    My guess is that you're translating a Non-disclosure Info clause...
    If I am right, that "otherwise" means any information not included in the clause and that the party is no supposed to be bound to keep secret. But a guess is not the same as the original. I agree with robjh22 in the need for more context.
     
  4. ximenad

    ximenad Senior Member

    ON, Canada
    French
    Thank you robjh22 and Bubilay for your prompt answer. Please find the whole paragraph below (sorry it took me so long but I had to type it again):

    XXX and YYY agree as follows:

    1. Purpose
    (...)
    2. Definitions

    (a) "Activity" means discussions and exchange of all information, without limitation, all technical, commercial or product information including data processes, specifications, designs, drawings, know-how, processes, ideas, inventions (whether patentable or not), schematics, contractual arrangements, future plans, financial, product development plans, actual or prospective customers, actual or prospective investors, forecasts, strategies, reports and any material bearing or incorporating such information and any compilation of otherwise public information in a form not publicly known, disclosed between or on behalf of the parties either orally or in tangible or visible or machine readable form.

    Thanks a lot for your help!!
     
  5. robjh22 Senior Member

    U.S.A. & English
    I honestly don't know what he is trying to say with that adjective "otherwise." I'm sorry.

    Usually when you see the adjective "otherwise," it follows other adjectives, like "twisted, bent, cracked, rusted or otherwise damaged parts." In this case, I don't know what series of things he is trying to complement.

    My best guess is that he means "información que sea pública (i.e., "may be public"), pero en una forma no conocida por ...."
     
  6. ximenad

    ximenad Senior Member

    ON, Canada
    French
    Thanks a lot robjh22, I will follow your suggestion, I did thought the wording was pretty awkward :S
     
  7. robjh22 Senior Member

    U.S.A. & English
    That's very flattering, but I suggest you await additional suggestions. I am far from the best translator on the forum, and some days I am the worst!
     
    Last edited: Feb 13, 2013
  8. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    Also, what is a form "not publicly known?" ??

    It sounds like the original writer is trying to say that public information shall become confidential. That doesn't make sense. It probably wouldn't withstand a court challenge. But it might frighten the person who signs the contract.

    I don't like that kind of "law."

    If I'm right, I think the translation needs to be extra careful.
     
  9. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    Here's my reading of this text. If there is information that is public but it is compiled in a form that is not available to the public, then it falls within the definition. For example, the names of all the streets in my city are publicly known. But if I compile a list of those names and don't make it public, that list of street names is information that is otherwise public but in a form not publicly known.

    Maybe I arrange the names alphabetically. Maybe I arrange them geographically. Maybe I combine it with other public information. The work of compiling and arranging is something that I might want to keep confidential. Anyone else could do what I did, but I don't want them taking my work and using it for themselves without my permission.
     
  10. ximenad

    ximenad Senior Member

    ON, Canada
    French
    Thank you Litiga8or and Ricardo El Abogado; @Litiga8or, it is indeed a translation to be made with extreme caution, @Ricardo: I understand now, thank you!
     

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