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In addition to giving permission to redistribute, The Open Constitution License specifically addresses AI technology and data models. It introduces electronic persons as Licensors and contributors (read benefactors) to accommodate provisions for machine entities contributing to the lifecycle of open-source AI systems.
The License introduces authenticated authorisation to the localisation of data models.
The License establishes generic Negation clauses attached to redistribution that limit adverse material effects specifically physical harm to humans, security provision and data integrity of the AI systems.
Negation clauses result in the relinquishment of rights from the Licensee.
The License introduces a requirement of maintaining public accessibility to the Source Object, by any party which redistributes Work.
The License introduces the ability of creators to tokenise the contributions in such a way that any variation of Work can be optimally tokenised to the planet’s population, i.e. accessibility through tokenization is to all.
The License is intended for international use.
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)
"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.
Legal wording is provided in this COLOR
Help Text is provided in this COLOR for interpretations of the License Articles.
''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
Read more about Electronic Persons in the primer on Open Trust.
https://www.councilpost.com/open-constitution-open-trust/
Examples: Fully Autonomous Robots, autopilot systems etc.
''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.
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.
"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.
The ‘’Source Object’’ is a human-readable form of Work that is the most convenient to study and modify.
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.
‘’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.
Example of Localization of IP Estate
forking a public repository a ledger, or a registry containing the source code of the software,
"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.
There is a distinction created in this License terms between robots or AI creators/contributors and human contributors in terms of using the term ''benefactors'' specifically for the electronic persons or legal persons representing one or more electronic persons.
‘’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.
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 are received by the beneficiary alongside the Work or Modified Work, through electronic authenticated authorization to the IP Estate.
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.
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.
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.
Why is there a provision for making available a machine-readable copy in Article 2.1?
The source object is deployed by Authors and contributed to by each contributor. Source Object is itself in a human-readable form, therefore extending the provision for an authenticated authorization to Source Object, through a mechanism of global IP tokenization, ensures that the Licensee is able to comply with this Article, during any redistribution.
Machine-readable copy is for the context of the electronic persons. The machine-readable copy could be e.g. data feeds, machine-readable data pipelines etc. in conjunction with 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.
How does Open Constitution license maintain the integrity of the 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: General Public Tokenization
Authentication and Authorization for Accessibility to the Source Object
“This License necessitates that accessibility to the source object is provided using an authentication authorisation which can be tokenised electronically, where the identity of the recipient of the general public tokenisation is authenticated and an authenticated beneficiary is therefore authorised for any access to the Source Object, in their ability to use, modify or redistribute Work.”
The purpose of this Article is to bring characteristics of incentivization of authors and contributors and introduce fractional ownership of the contributions in the source object by the virtue of tokenisation of the IP asset.
Authenticated authorisation introduces the ability of creators to manage lifecycle ability for safeguarding property rights attached to contributions.
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.
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 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.
How is the Open Constitution License accepted and distributed?
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 are received by the beneficiary alongside the Work or Modified Work.
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 the Licensor, and any Licensee, or between the 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.
About Article 10.1: This legal provision has been made to protect the Licensor's property rights when disputing parties are third parties, other than the Licensor Or Licensee.
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.
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