Open Constitution License Draft

Definitions:

In this License, the following terms have the following meanings:

''License'': this license Open Constitution License (OCL v ; where v stands for the version specified.)

"Licensor": may mean any natural person or any legal person or any electronic person, who is attributing this license to an Intellectual Property.

The Licensor may be an individual human entity or a legal entity or a legal entity (representing one or more electronic persons) or an electronic person (if having legal personhood in the jurisdiction, as defined further in Article 10), exercising rights under, and complying with all of the terms of, this License.

For legal entities, Licensor includes any entity that controls, is controlled by, or is under common control with Licensor. For purposes of this definition, control means

(a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or

(b) ownership of more than fifty per cent (50%) of the outstanding shares or beneficial ownership of such entity.

"Licensee": may mean any natural person or any legal person or any electronic person, who receives this license along with the Intellectual Property of the ‘’Licensor’’

The Licensee may be an individual human entity or a legal entity or a legal entity (representing one or more electronic persons) or an electronic person (if having legal personhood in the jurisdiction, as defined further in Article 10), exercising rights under, and complying with all of the terms of, this License.

For legal entities, Licensee includes any entity that controls, is controlled by, or is under common control with Licensee. For purposes of this definition, control means

(a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or

(b) ownership of more than fifty per cent (50%) of the outstanding shares or beneficial ownership of such entity.

Legal wording is provided in this COLOR

Help Text is provided in this COLOR for interpretations of the License Articles.

''Electronic Person'' may mean a system that is designed to operate with full autonomy and that, based on machine and/or human-provided data and inputs, infers how to achieve a given set of objectives using machine learning and/or logic- and knowledge-based approaches, and produces system-generated outputs.

Read more about Electronic Persons in the primer on Open Trust.

A primer on Open Trust by Muellners Foundation

No Discrimination Against Natural Person

This Open Constitution License does not discriminate against any natural person on the basis of fundamental human rights. Both the Licensor and Licensee may be any natural person or legal person or a responsible electronic person.

‘’Open Source’’: in the context of this license, ‘’Open Source’’ means a lifecycle state of an ‘’object’’, ''asset'', ''intellectual property'' (read Work in the context of this License), whose source can be accessed (also modified, or destroyed) on the basis of an open, or permissive or very slightly permissive(but not entirely closed) governance.

''Original Work'': means the work or software or software documentation or media, distributed or communicated by the Licensor under this License, available in the form of a Source Object.

"Source Object": means an intangible, tamperproof, localisation of the Original Work, in electronic media format, made available on a publicly accessible network e.g. source code of a program, or project original media object, software documentation, software libraries, media, blueprint documentation, executable code, build files, localization of data model etc.

The ‘’Source Object’’ is a human-readable form of Work that is the most convenient to study and modify.

''Source Object’’ may be described in the form of a globalised, source of truth for a data model.'

"Derivative Work": means the works or software that could be created by the Licensee, based upon the Original Work or modifications thereof.

This License does not define the extent of modification or dependence on the Original Work required to classify a work as a Derivative Work; such extent is determined by the copyright law applicable in the jurisdiction, as defined further in Article 10.

Open Constitution License does not restrict third party Intellectual Property

The Open Constitution License does not place restrictions on any third-party Intellectual Property that is distributed along with an OCL licensed Intellectual Property.

The Open Constitution license does not insist that any other Intellectual Property distributed along with Derivative Work is distributed, as per the terms and conditions of the Open Constitution License.

"Work": means the Original Work or its Derivative Works

‘’Intellectual property Estate (I.P.E)’’: An Intellectual property estate is a public repository containing a collection of source objects, whereby the authorisation to the Estate is always authenticated in order to observe private property rights.

Intellectual property estate refers to an electronic, tamperproof, intangible localization of Intellectual Property or Original Work or Derivative Work, to which authenticated access may be provided, under the terms of this License.

Open Constitution License Is technology-neutral.

No provision of the license may be predicated on any individual technology or style of interface attributed using the license conditions.

Open Constitution Network is an Intellectual Property Estate, which is publicly available, where the lifecycle of the source objects, attributed with the Open Constitution License can be maintained by authors and contributors.

"Author": means any legal person(s) or electronic person(s), attributed to the Source Object or Original Work.

"Contributor": means any legal person(s) or electronic person(s), who make voluntary contributions to the lifecycle of the Source Object through the authorization to the Intellectual Property Estate e.g. Open Constitution Network, after having provided informed consent to an additional Contributor License Agreement.

‘’Benefactor’’: means any legal person(s), who is a contributor and a benefactor of the Intellectual Property Estate e.g. Open Constitution Network.

‘’Beneficiary’’: means any legal person(s), who receives authorization to the I.P. Estate and is the beneficiary of the ‘’Work’’.

"Third Party Beneficiary": means any legal person(s) who receives authorisation to the I.P. Estate and is the beneficiary of the ‘’Derived Work’’.

‘’data model’’ here means an abstract information model that organizes elements of data and standardizes how they relate to one another and to the properties of real-world entities, and that is inherent to the Source Object.

"Beneficiary Data’’: is the data associated with the beneficiary, including but not limited to non-public personal information of natural persons if the beneficiary is a natural person.

‘’Localization’’: means any act of reorganization of the data model for the purpose of redistribution by

DISCOVERING, DESIGNING, AUTHORING, ETC.,

TRANSMISSION (NETWORKING, DISTRIBUTING, ACCESSING, RETRIEVING, TRANSMITTING, ETC.),

PROCESSING AND MANAGEMENT (COLLECTING, VALIDATING, MODIFYING, ORGANIZING, INDEXING, CLASSIFYING, FILTERING, UPDATING, SORTING, STORING, [NORMALIZING] ETC.),

USAGE (MONITORING, MODELING, ANALYZING, EXPLAINING, PLANNING, FORECASTING, DECISION-MAKING, INSTRUCTING, EDUCATING, LEARNING)

of a globalized data model, inherent to the Source Object.

‘’Redistribution’’: means any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential functionalities or its inherent data model at the disposal of any other natural or legal person.

This License should be distributed along with any authenticated authorization to the I.P. Estate, and any derived work.

Licensor hereby gives the Licensee NON-EXCLUSIVE RIGHTS to the Work to use, modify, and redistribute the Work, subject to the terms and conditions and covenants set forth below;

TERMS AND CONDITIONS:

Article 1: Redistribution

Grant of Redistribution Rights

The Licensor grants to the Licensee rights to redistribute Work, as long as

a. attribution is provided to the Source Object from the I.P. Estate and

b. redistribution complies with the I.P. Estate's Acceptable Usage Policy.

Redistribution of I.P. from the I.P. Estate shall be attributed to the same license conditions and acceptable usage policy.

The Licensor grants to the Licensee non-exclusive, usage rights to any patents held by the Licensor, to the extent necessary to make use of the rights granted on the Work under this License.

Reproduction of a representation of an I.P. estate, an instance of an estate may be hosted on any machine, hardware or computing system.

Freedom of Redistribution

The Open Constitution license does not restrict any party from selling or giving away the Intellectual Property as a component of an aggregate Intellectual Property distribution containing Intellectual Properties from several different sources. The Open Constitution license does not require a royalty or other fee for such third-party sale.

Distribution of Open Constitution License

The rights attached to the Intellectual Property must apply to all to whom the Intellectual Property is redistributed without the need for execution of an additional license by those parties. The License and the notice is received by the beneficiary alongside the Work or Modified Work.

Attribution of Derived Works

The Open Constitution license allows modifications and derived works and allows the Derived Works to be distributed under the same terms as the license of the original Intellectual Property.

Article 2: Accessibility

2.1 Publicly accessible Source Object:

Localization of IP Estate: collecting, repository, ledger, registry

Globalization of IP Estate: distribution, redistribution, reproduction of I.P into duplicate Estates

When redistributing or communicating representation of the Work, the Licensee will provide a machine-readable copy of the Source Object or indicate a public repository on the Open Constitution network, where this Source Object will be quickly available for as long as the Licensee continues to distribute or communicate the Work.

Network access to the Notices and Source Object may be provided by authors and contributors or by a third party, such as a public software repository. It must persist during the same period in which the Licensee exercises any of the permissions granted to the Licensee under this License and for the duration of this license.

For Article 2.1, the Licensor shall indicate a Tenant of Source Object, on publicly available and accessible Open Constitution Network, initialized in the form of an instance containing the lifecycle of Source Object.

The Tenant of Source Object can be an electronically accessible instance whether staged, test or production instance of Source Object on the Open Constitution network.

"Instance" here means where the lifecycle of a repository of the source object is hosted for public accessibility.

In the context of the source object, Tenant configurations may or may not be modifiable, leaving a trail of the source object, and determining the maintainability of the lifecycle of the source object.

2.2 Chain of Authorship to Source Object:

The Authors warrant that the copyright in the Original Work granted hereunder is owned by them or licensed to them and that the Authors have the power and authority to grant the Licence.

Each Contributor warrants that the copyright in the modifications the Contributor brings to the Work is owned by the Contributor or licensed to the Contributor and that the Contributor has the power and authority to grant the Licence.

When the Licensee accepts the Licence, the Authors and subsequent Contributors grant the Licensee a licence for their contributions to the Work, under the terms of this Licence.

The integrity of Source Object

The Open Constitution license may restrict source code from being distributed in modified form only if the license allows the distribution of “patch files” with the source code to modify the Intellectual Property at build time.

The Open Constitution license explicitly permits the distribution of Intellectual Property built from modified source code. The Open Constitution license may require derived works to carry a different name or version number from the original Intellectual Property.

As per the Open Constitution License, the attributed I.P. must include source code and must allow distribution in source code as well as compiled form. Where some form of I.P. is not distributed with source code, there must be a well-publicized means of obtaining the source code for no more than a reasonable reproduction cost, preferably downloading via the Internet.

The source object must be the preferred form in which an Intellectual Property would be modified or redistributed.

Article 3: Tokenization

Authentication and Authorization through General Public Tokenization for Accessibility to the Source Object

THE AUTHORIZATION TO THE SOURCE OBJECT IS PROVIDED THROUGH ELECTRONIC TOKENIZATION OF THE INTELLECTUAL PROPERTY ESTATE OF THE OPEN CONSTITUTION NETWORK TO THE PLANET EARTH’S POPULATION AT ANY GIVEN TIME.

Non-exclusivity to an Intellectual Property Distribution

The rights attached to the Intellectual Property do not depend on the Intellectual Property being part of a particular Intellectual Property distribution. If the Intellectual Property is extracted from that distribution and used or distributed within the terms of the Open Constitution license, all parties to whom the Intellectual Property Estate is made accessible (as a consequence of redistribution), should have the same rights as those that are granted in conjunction with the access to the source object when the original Intellectual Property is made available on the Open Constitution network.

The general public tokenization may be authenticated by any beneficiary, or the Licensee, on behalf of any number of beneficiaries, for which the authors and contributors make provision by Article 2: Accessibility above.

Article 4: Data Integrity:

Withholding data, limiting access and localization of the data model.

4.1 No Withholding Beneficiary Data

Throughout any period in which the Licensee exercises any of the permissions granted to the Licensee under this License, the Licensee must also provide to any Beneficiary to whom the Licensee provides services via the Work, a no-charge copy, provided in a commonly used electronic form, of the Recipient’s Beneficiary Data in their possession, to the extent that such Beneficiary Data is available to Licensee for use in conjunction with the Work.

4.2 No Technical Measures that Limit Access

The Licensee may not, using the use of cryptographic methods applied to anything provided to the Beneficiary, by possession or control of cryptographic keys, seeds, hashes, by any other technological protection measures, or by any other method, limit a Beneficiary’s ability to access any functionality present in Beneficiary’s independent localization of the Work or to deny a Beneficiary complete control of the Beneficiary’s User Data.

4.3 Localization of data model from the globalized data model

The Licensee may localize data models, software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the globalized data model, associated with the Source Object.

Article 5: Exclusion Rights

Criteria for compliance with Acceptable Usage, set up by Authors and Contributors on the Open Constitution Public Registry

The redistribution of the Work shall comply with the acceptable usage restrictions, set up by the Union of Authors and Copyright Holders, in the Global Statutes of the Open Constitution Network, at any given time, where the source object and network access to the Source Object shall be maintained as per Article 2 above, primarily, to avoid any adverse material effect due to Open Constitution Network AI, and secondarily, to allow provision for exclusions to the Source Object if the usage violates acceptable usage set up by authors and contributors to the Source Object, on the Open Constitution Network.

Article 6: Electronic Authorization of the License

The provisions of this License can be accepted electronically by affirming consent to the Open Constitution Network, by the rules of applicable law.

Similarly, the Licensee irrevocably accepts this License and all of its terms and conditions by exercising any rights granted to the Licensee by Article 2 of this License, such as the use of the Work, the creation by the Licensee of a Derivative Work or the Distribution or Communication by Licensee of the Work or copies thereof.

All linguistic versions of this Licence, publicly available on the Open Constitution Network, have identical value. Parties can take advantage of the linguistic version of their choice.

Distribution of Open Constitution License:

The rights attached to the Intellectual Property must apply to all to whom the Intellectual Property is redistributed without the need for execution of an additional license by those parties. The License and the notice is received by the beneficiary alongside the Work or Modified Work.

Article 7: Disclaimer of Warranties:

THE WORK AND SOURCE OBJECT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE AUTHORS OR COPYRIGHT HOLDERS MAKE NO REPRESENTATION THAT THE WORK, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.

IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

THE LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE WORK AND ASSUMES ANY RISKS ASSOCIATED WITH THE LICENSEE’S USE OF THE WORK AND ANY OUTPUT AND RESULTS THEREOF.

No Discrimination Against Fields of Endeavor

This license does not restrict anyone from using Intellectual Property in a specific field of endeavour. For example, it may not limit the Intellectual Property from being used in a business, or from being used for genetic research

Article 8: Limitation of Liability:

THE AUTHORS OR COPYRIGHT HOLDERS SHALL HAVE NO LIABILITY TO THE LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER, CAUSED AND ON ANY THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Article 9: Legal Protection:

This License does not grant the Licensee any permission to use the Licensor's trade names, trademarks, service marks, or names, except as required for reasonable and customary use in describing the Work's origin and reproducing the copyright notice's content.

Article 10: Jurisdiction and Applicable Law

Without prejudice to specific agreement between parties

10.1 Any litigation resulting from the interpretation of this License, arising between the Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Union.

10.2 Any litigation arising between other parties and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.

10.3 This License shall be governed by the law of the Member State of WIPO where the Licensor has their seat, resides or has his registered office, except as defined in article 10.4 below.

This license shall be governed by Danish law if the Licensor has no seat, residence or registered office inside a WIPO Member State.

10.4 This license shall be governed by the law of the European Union Member State where the Licensor has his seat, resides or has his registered office.

In the countries where moral rights apply, the Licensor waives its right to exercise its moral right to the extent allowed by law to make effective the License of the economic rights listed above.