How legal are translations of articles on Habré?

Question

Habr

UPD: important. My personal opinion on royalties is the same as that of the Pirate Party of Iceland. I propose not to discuss these issues here, but in case of urgent need, send them directly to the PPR and IPP
===
There is a special regime for translating articles on Habré.
Many of these articles lie on various sites that have no trace of permissions to create derivative works.
How legal is this, and can't Habr get fired for it?
Reason for the question: I want to translate a couple of "scientific publications" that
1. are on the website of corporations (for example, Microsoft R&D), in one of their blogs
2. were sold, but then the sponsor paid for them, and the article began to lie openly on the sponsor's website
3. on sale right now
4. scientific publication, which is now nowhere to be found in any form (but I have a pdf stashed!)
There is no problem to take and translate.
The problem is that the translation creates a derivative work, and Habr can be heated up for it.
There is a certain probability that this will not happen, and everything will be fine.
What is this probability? Has anyone tracked the fate of old translations?
There is a workaround - the articles need to be _rewritten_. Write all the same, but in your own words. But since this is a study, for a quality rewrite, you need to repeat all the experiments and get your own numbers - even on simple tasks like "calculate the speed of a function" it's a hell of a job. Plus, the main text (when written well) usually constitutes a concentrated wisdom, in which even the order of words in a sentence is hardly subject to permutations. So, even about the rewrite "there are certain concerns" ©
What do you think, gentlemen?

Answer 1

Habr for placing the translation, in any case, is not in danger , this is clearly stated in article 1253.1 of the Civil Code of the Russian Federation “Peculiarities of responsibility of the information intermediary”:

3. The information intermediary that provides the opportunity to post material in the information and telecommunication network shall not be liable for the violation of intellectual rights resulting from the placement of material in the information and telecommunication network by a third party or at his direction, while the information intermediary complies with the following conditions:
1) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualization contained in such material is illegal;
2) if he receives a written statement from the copyright holder about the infringement of intellectual rights indicating the page of the site and (or) the network address on the Internet on which such material is posted, he promptly took the necessary and sufficient measures to stop the infringement of intellectual rights. The list of necessary and sufficient measures and the procedure for their implementation may be established by law.

If there is an international treaty on the protection of copyright in the territory of the Russian Federation of citizens of the country whose citizen is the owner of the copyright to the original, and the translator did not agree with the publication, then the translator may be charged with copyright infringement . This is evidenced by Article 1270 of the Civil Code of the Russian Federation "Exclusive right to a work":

2. The use of a work, regardless of whether the relevant actions are performed for the purpose of deriving profit or without such a purpose, shall be considered, in particular:
9) translation or other processing of the work.

Answer 2

use of the object of copyright without express permission is prohibited it doesn't matter if you use a translation derived from a translation, etc. - the author of the original
practice should give the right to this - here , 20.2.1
Habr is not the author of the published one, it will not be possible to warm it up

Answer 3

Many of these articles lie on various sites that have no trace of permissions to create derivative works.

Well, so what that there are no explicit permissions on the sites.
I did translations for Habr, PRELIMINARY CONTACTING THE AUTHORS of the original article.
Permits are given free of charge and with pleasure.

Answer 4

problems sucked from the finger. warm up or not warm up - habr should be worried. Are you a Mother Teresa lawyer who works for Habr? translated and posted, all according to the rules of habr. the rest is none of your business.
although if you have to worry, it's for yourself. :) write to the author, ask.