FAQs

Frequently asked questions about Open Constitution License

What is Intellectual Property or I.P.?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; symbols, names and images used in commerce.

What is Intellectual property Estate (I.P.E)?

Intellectual property Estate (I.P.E) may mean an electronic, tamperproof, intangible localization of Works, to which an authenticated authorization may be provided, under the terms of this License.

I.P. Estate is a movable personal property just like I.P. itself.

I.P Estate can be localized on any public or private registry by identifying, declaring, recording, binding, naturalizing, attributing, securing, layering, wrapping, authenticating, and labelling metadata arrangements associated with the I.P.

An Intellectual property estate may be a public repository containing a provision for making available, one or more Source Objects, whereby the authorisation to the Estate itself is authenticated to observe private property rights.

Open Constitution Network is an Intellectual Property Estate.

What are Intellectual property rights (I.P.R)?

Intellectual property rights refer to any rights associated with the creation of the minds, owned by the creator and observed between two (or more) natural persons.

Rights are legal, social, or ethical principles of freedom or entitlement. Rights can be observed between two or more individuals.

Creator Rights are legal, social, or ethical principles of freedom or entitlement, as a consequence of intangible localization of the creation of the mind.

In simpler words, I.P.R. can be recorded when rights are assigned to legal persons over any I.P. estate.

What is Open Source?

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

What is Open Constitution License?

The Open Constitution License is a novel open-source license that grants intellectual property rights attached to a data model of an Artificial Intelligence system or network. It sets out rules for data integrity, authorization, and redistribution of models through a publicly accessible network. The license considers factors such as open data principles, copyrightability of AI/ML systems, data privacy, fair competition, and responsibility in AI/ML-driven decisions. Responsibility is grounded in Article 5 to ensure license rights are revocable in the event of adverse material effects.

OCL *differs from other open-source licenses* in its focus on AI and its specific provisions for data protection, international law, and the role of the public network.

It introduces General Public Tokenization and Electronic Persons contributors in the context of open source I.P.R.

What are some salient features of the Open Constitution License?

• It is a contract between a licensor and licensee where the former grants the latter intellectual property rights (I.P.R) to use, modify, and redistribute the work owned by the licensor.

• The license defines the consensus or rules for granting I.P.R. and the use of the intellectual property owned by the licensor.

• It is an open-source license that allows access to the source code and modifications of the work.

• The license does not impose conditions on third-party intellectual property rights that may be part of the redistribution of the work.

• The license addresses the authentication and authorization to the work through the use of digital signatures and public-private keys.

• It does not articulate royalty-free redistribution, which is at the discretion of the licensor.

• The license considers factors such as open data principles, copyrightability of AI/ML systems, data privacy, fair competition, and responsibility in AI/ML-driven decisions.

What is the role of public-private keys, and digital signatures used in Open Constitution License Authorization?

In the current state of the art, qualifying electronic signatures are implemented using asymmetric cryptography. With this technology, each signatory owns a key pair made of a private and a public key (the technology is called public key cryptography) and the so-produced electronic signatures are called digital signatures.

Qualifying electronic signatures authenticates any authorization to the Open Constitution licensed Intellectual Property, for any beneficiary.

What is the role of the Internet?

Every natural or legal person is entitled to the peaceful enjoyment of their possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by the public, natural person(s) or legal person(s).

Certain rights to private Intellectual property such as use, exclusion, and management are therefore observed on the Internet between human members of a public network.

Observations of these rights are included in the Articles of Open Constitution license.

E.g. The exclusion rights/criteria are fundamental to private property. Open Constitution License covers the exclusion criterion in Article 5 and permits fair and ethical use of AI.

Is the Open Constitution License compatible with other open-source licenses?

Open Constitution License is attributed to Work - both original or derivative works. The license does not restrict or impose conditions upon any grant of rights of third-party intellectual property, which may be part of the redistribution of Work(attributed to the Open Constitution license), whether with any other third-party copyright or copyleft notice or a licensing agreement.

What aspects have been used in the open research regarding attributing data models with the Open Constitution License?

We have considered basic principles that define open data and AI/ML systems, copyrightability of inputs and outputs of AI/ML systems, and control over code, weights, models, and data by individuals and businesses. We have also considered openness and transparency of the computing data, Data privacy and avoiding sensitive data from being leaked. We have also considered maintaining a delicate balance between Fair competition, and regulation versus open innovation.

We have considered enabling commercial growth while keeping a level playing field for new innovations, the Climate impact of computing large models versus more efficient approaches of last-layer training.

We have also considered factors for responsibility when AI/ML-driven decisions based on License attributable Work, may cause a change in the material reality of a jurisdiction or a case study that makes use of the licensed Work or data model.

We have also reviewed the most effective safeguards to put in place to prevent misuse of AI/ML and created a prevention protocol against possible harm caused by reducing to public practice an IP, attributed with this license.

How is Open Constitution License similar to other copyleft and open source licenses?

The Open Constitution License is similar to other open-source licenses in that it grants intellectual property rights to the licensee, allowing them to use, reproduce, and sell the intellectual property owned by the licensor. It also defines the rules and consensus for the grant of these rights. However, it does not impose restrictions or conditions on third-party intellectual property that may be part of the redistribution of the work attributed to the Open Constitution License.

How is Open Constitution License different from other open-source licenses?

The Open Constitution License (OCL) is a specific type of open-source license that grants intellectual property rights to source code hosted on an AI network. It sets rules for data integrity, authorization, and redistribution of IP on the Open Constitution Network. While the OCL is an open-source license, it differs from other open-source licenses in its focus on AI systems and its specific provisions for data protection, international law, and the role of the Internet.

What is the difference between authentication and authorization to the Work, when attributed with the Open Constitution License?

Authentication is the process of verifying the beneficiary (that is who someone is), whereas authorization is the process of verifying what specific source objects (applications, files, data models, libraries) an authenticated beneficiary has access to, in connection with the Work, attributed with the Open Constitution License.

Does the Open Constitution License provide royalty-free redistribution?

Open Constitution License is an Open Source License.

‘’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.

This does not mean that a royalty or a premium may not be charged for using the Intellectual Property.

Open Constitution License does not articulate royalty-free redistribution. This is at the discretion of the Licensor of the Work and the mode or medium of redistribution.

How does the Open Constitution License work with Artificial Intelligence attributions?

The Open Constitution License focuses on AI by addressing various aspects related to AI, such as the attribution of data models, control over code and data, fairness, transparency, privacy, and responsibility in AI/ML-driven decisions. It aims to strike a balance between enabling commercial growth and innovation while ensuring ethical use and preventing misuse of AI/ML. The license also considers the climate impact of computing large models and the prevention of harm caused by the public practice of IP attributed to the license.

Can robots or electronic persons be contributors or authors under this License?

Yes, electronic persons can contribute under the Open Constitution License. The license allows any electronic person to be an author or contributor to the lifecycle of the Source Object or Original Work. Open Constitution License also defines the electronic persons in the context of the work communicated using the license.

Does the Open Constitution license consider ethical considerations, related to electronic persons?

The Open Constitution License does not specifically address the ethical considerations related to electronic persons.

It defines electronic persons as artificial intelligence entities or machine entities that operate with full autonomy. However, the license does not provide specific guidelines or provisions for the ethical use or treatment of electronic persons.