Open Constitution License v1
This page publishes the version of the OCL x, currently in use in the context of the Open Constitution Network.
NOTICE: A derived version of this OCl v1 License i.e. Open Constitution License X is going through a Public Review. Please see the Live Copy where changes are being recorded.
This License has been written for reducing I.P. to practice, in the context of the Open Constitution Network. We are making an effort to extend this License to make the License more comprehensible and contextual for attribution to any I.P. in the deployment of the AI systems, which the Authors and Contributors wish to release and reduce to practice in open source.
Definitions:
In this License, the following terms have the following meanings:
''License'': This Open Constitution License (abbreviated as OCL v; where v is a prefix for the version specification, prior to version number)
"Licensor": may mean any natural person or legal or electronic person, who attributes this license to the Work.
The Licensor may be an individual human entity or a legal entity or a legal entity (on behalf of an electronic person) or an electronic person, 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 such legal entity.
"Licensee": may mean any natural or legal or electronic person, who receives this license along with the Work, from the ‘’Licensor’’.
The Licensee may be an individual human entity or a legal entity or a legal entity (on behalf of an electronic person) or an electronic person, 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 such legal entity.
For purposes of clarity in the definitions above, for legal entities as a Licensor or Licensee, 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.
''Electronic Person'' may mean an artificial intelligence entity or machine entity (or system) that is designed to operate with complete 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.
In the jurisdiction, where the Electronic Person does not have an independent legal person status, and the Electronic Person is controlled by or is under common control with a Legal Entity, such Legal entity may become a party to the License, on behalf of the Electronic Person, whether as a Licensor or Licensee or benefactor, as per the applicable law.
For purposes of this definition, control means
(a) the power, direct or indirect, to cause the direction or management of such electronic person, whether by contract or otherwise, or
''Original Work'': means the work or software or software documentation or software libraries or media or data model, distributed or communicated by the Licensor, under the terms and conditions of this License.
"Derivative Work": means the works or software or software documentation or software libraries or media or data model that could be created by the Licensee, based upon the Original Work or modifications thereof, under the terms and conditions of this License.
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 Articles 10 and 11.
"Work": means the Original Work or its Derivative Works.
"Source Object": means an intangible, tamperproof, localisation of the Original Work, in electronic media format. 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.
Intellectual property Estate (I.P.E)’’: means an intangible, tamperproof, localization of Works, to which an authenticated authorization can be provided, which may or may not be publicly accessible, under the terms of this License.
E.g. an Intellectual property estate can be a repository of source code, containing a provision for making available the Source Object publicly or the ability to localize the data model inherent to the Source Object, whereby the authorisation to the Estate itself is authenticated to observe private property rights.
In the context of OCL v1, the Open Constitution Network is an example of Intellectual Property Estate or any subnet or a public repository of the Source Code on the Open Constitution Network is an example of Intellectual Property Estate.
‘’Localization’’: means any act of reorganization of the data model for 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 the data model, inherent to the Source Object.
"Author": means any legal person(s) or electronic person(s), who makes a voluntary contribution to the data model or to the Source Object or Original Work. For the purpose of this definition, the author may or may not be a holder of copyright or patent, in connection with the Original Work.
"Contributor": means any legal person(s), who makes voluntary contributions to the lifecycle of the Source Object or to the Works, through authorization to the Intellectual Property Estate.
‘’Benefactor’’: means any electronic person(s), who is a contributor to the lifecycle of the Source Object or to the Works, through authorization to the Intellectual Property Estate.
‘’Beneficiary’’: means any natural or legal person(s), who receives authorization to the I.P. Estate and is the beneficiary of the ‘’Work’’, under the terms of this License, whether from the Licensee or the Licensor as the case may be.
"Third Party Beneficiary": means any natural or legal person(s), who receives authorisation to the I.P. Estate and is the beneficiary of the ‘’Derivative Work’’, as a result of redistribution by the Licensee, under the terms of this license, in addition to any additional agreements between the Licensee and third party, and without prejudice to such additional agreements.
‘’Data Model’’ 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’’: means all data owned and associated with any beneficiary, including but not limited to non-public personal information of natural persons, as per applicable law and is in conjunction with a localisation of the 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 or electronic person.
''Tokenization'': means any act of concealing, hiding, encrypting, replacing, or securing sensitive non-public information with a surrogate data value known as a token, which may or may not have an intrinsic value, on one or more networks.
''Network'' means two or more interconnected electronic persons or machine entities.
‘’WIPO’’ means World Intellectual Property Organisation, set up as per WIPO Convention
‘’U.N.O’’ means United Nations Organization
Articles:
Licensor hereby gives the Licensee NON-EXCLUSIVE RIGHTS to use, modify, and redistribute the Work, subject to the Articles as set forth below;
Article 1: Permission to redistribute
The Licensor permits the Licensee to redistribute Work, as long as an authenticated authorization to the Source Object is provided to any beneficiary, in accordance with Article 2 below, and that any derivative work is attributed with this license; unless except as explicitly described in the Article 5 below.
For the scope of this Article 1, the Licensor grants to the Licensee non-exclusive, royalty-free, 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.
Article 2: General Public Accessibility
2.1 Publicly accessible Source Object:
The Licensee must provide a machine-readable copy of the Source Object, when redistributing or communicating the Work, by making available an authenticated authorization to the Source Object, and any contribution to the Source Object, including but not limited to any localisations by a contributor or benefactor, for which Authors and each contributor to the Work, have made warrants in accordance with the Article 2.2 below, for as long as the Licensee continues to distribute or communicate the Work.
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 each Contributor grants the Licensee a licence for their contributions to the Work, under the terms of this Licence.
Article 3: General Public Tokenization
Authentication and Authorization for Accessibility to the Source Object
THE AUTHORIZATION TO THE SOURCE OBJECT IS PROVIDED THROUGH ELECTRONIC TOKENIZATION OF THE INTELLECTUAL PROPERTY OR INTELLECTUAL PROPERTY ESTATE, WHEREBY THE COUNT OR SUPPLY OF THE GENERAL PUBLIC TOKENIZATION IS RESTRICTED BY THE PLANET EARTH’S POPULATION AT ANY GIVEN TIME.
The general public tokenization may be authorized to any authenticated beneficiary, or the Licensee, on behalf of any number of authenticated beneficiaries, for which the authors and contributors have made warrants, and subsequently granted the Licensee the license for their contributions to the Work, as specified in Article 2.2.
Article 4: Data Integrity
4.1 Withholding data, limiting access and localization of the data model
The Licensee must also extend to any beneficiary to whom the Licensee provides redistribution services via the Work, an authenticated authorisation to the data model, inherent to the Source Object, through the General Public Tokenisation of the Intellectual Property Estate, according to 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 redistribution services via the Work, a no-charge copy, provided in a commonly used electronic form, of the Recipient’s Beneficiary Data in their localisation of Work, 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 to Beneficiary
The Licensee may not, using the use of encryption 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 Data.
4.3 Localization of data model, inherent to the Source Object
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, inherent to the Source Object.
Article 5: Relinquishment of License due to adverse material effect
Any permissions granted to any Licensee are relinquished by the Licensor and the Licensee further waives all its rights, granted or exercised in connection with the Work, its redistribution thereof, under the terms and conditions of this License, if any redistribution has an intended use or purpose or both, which has a material effect of
directly inflicting bodily injury or casualty to natural persons, including but not limited to any form of armed aggression over institutions of public welfare, in any jurisdiction, such as by parties, in an act of armed conflict, or with malice intent to cause human casualty against a person or group of persons including but not limited to stateless natural persons, or in an act of war or war crimes and such, against a sovereign state member of U.N.O or against disputed territories on the planet Earth, as further defined in the Articles 10 & 11 below.
directly or indirectly supporting unlawful active attack or malware campaigns that are causing technical harms to the Internet Services in any jurisdiction(as further defined in Articles 10 & 11)— such as using or redistributing Work to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or uses or redistributes Work to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network, where the Source Object is made publicly available, as per Article 2 and 3 above.
directly breaching the data privacy of the beneficiary, including but not limited to withholding beneficiary data etc. as further defined in Article 4 above.
and that the Licensor has been made aware of the material effect of the redistribution by the Licensee, whether as a consequence of any litigation in a jurisdiction(as defined further in Article 10) as a result of an interpretation of this license, including but not limited to any litigation between the Licensor and Licensee or between other parties, or suo moto cognizance.
Article 6: Electronic License
The provisions of this license can be accepted by the Licensee, or by any beneficiary of the Work, by providing informed consent in electronic mode, to an accessibility token to the Source Object, when receiving the Work, as per Article 3 above.
Similarly, the Licensee irrevocably accepts this License and all of its terms and conditions by exercising any rights granted to the Licensee, under the Articles of this License, such as the use of the Work, the creation of a Derivative Work or the Redistribution or Communication by Licensee of the Work or copies thereof, by the rules of applicable law. (as further defined in Articles 10 and 11).
The content of the License has been originally written in the English language. Parties can take advantage of any linguistic translation of this License, but the English version shall be used as the binding reference for any litigation between any parties, resulting from an interpretation of this License.
Article 7: Non-Representation and Disclaimer of Warranties:
THE WORK AND SOURCE OBJECT ARE 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 CONTRIBUTORS (INCLUDING BENEFACTORS) MAKE NO REPRESENTATION THAT THE WORK, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.
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.
Article 8: Limitation of Liability
IN NO EVENT WHATSOEVER, SHALL THE AUTHORS OR CONTRIBUTORS (INCLUDING BENEFACTORS) BE LIABLE 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, OR ANY OTHER CLAIMS OR LIABILITY, CAUSED WHETHER IN AN ACTION OR ANY THEORY OF CONTRACT OR ON WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE WORK OR THE USE OF WORK OR REDISTRIBUTION OR OTHER DEALINGS IN THE WORK, 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
Jurisdiction
Without prejudice to specific agreement between parties;
10.1 Any litigation arising between other parties including but not limited to between any third-party beneficiaries, 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.
10.2 Any litigation resulting from the interpretation of this License, and arising between the Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Union.
What is the difference between between OClv1 and OCLx in the context of applicable jurisdiction?
About Article 10.2: Open Constitution Network's first legal steward Open Constitution S/I is a European Economic Area-based Association: and therefore the chain of authorship(as defined in Article 2 above) predicates that the jurisdiction naturally be the Court of Justice of the European Union for when one of the litigation parties is the Licensor.
Article 11: Applicable Law
Without prejudice to specific agreement between parties;
11.1 This License shall be governed by the law of the Member State of WIPO where the Licensor has a permanent establishment, resides or has its registered office, except as explicitly defined in article 11.2 below.
This Article specification exists for the inclusion of creators or contributor rights when the Licensor belongs to a jurisdiction where Intellectual property laws are not sufficiently organized.
11.2 This license shall be governed by the law of the Member State of the European Union where the Licensor has a permanent establishment or resides or has its registered office.
11.3 In the jurisdiction, 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.
Notice: The ongoing Open Research for this open-source license has been under General Public review since 11/6/2021.
The Public is invited to participate and provide a review.
Last updated
