Complete WP-0004 and WP-0005 jurisdiction research (8 of 8 each)

Executes all remaining shared jurisdictions across both workplans:
Germany/EU (deepened contract-law angle), US (deepened), UK (deepened),
Argentina, India, China, Africa (South Africa + OHADA), and Asia-Pacific
(Singapore, Japan, Australia) - 13 new history/ research artifacts.

Highest-priority findings:

- Australia's Unfair Contract Terms regime (expanded Nov 2023) covers
  standard-form contracts with any business under 100 employees/$10M
  turnover by default - the CUA is exactly such a contract, and most
  realistic Customers fall within this threshold. Unlike every other
  jurisdiction's consumer carve-out, this is not an edge case.
- China requires a "foreign-related" contract even to select foreign
  governing law, subject to a vague public-interest override even then -
  confirms a dedicated China rider is needed for both the License/CUA and
  the Enforcement Partner Agreement, not a shared global clause.
- India flatly prohibits advocate contingency fees (no exception gates,
  stricter than Germany) while explicitly permitting third-party
  litigation funding - the cleanest confirmation yet that the Litigation
  Funder/Local Counsel split-role model is both necessary and legal there.
- Japan's Article 12 fee-splitting rule means even the split-role
  fallback needs jurisdiction-specific structuring - the first case where
  the workaround itself, not just the original mechanism, has an open
  compliance question.
- Contingency Share ceilings vary widely where available: UK 50% (exact
  match), South Africa 25%, Argentina 35% (50% only with risk assumption),
  China 18% down to 6% on a sliding scale that shrinks as claims grow.
- Recurring cross-jurisdictional pattern (Germany, EU, US via CCPA,
  Argentina): B2B governing-law/liability clauses are respected, but an
  individual/sole-proprietor Customer's consumer-protection status is the
  operative risk everywhere, not a one-off edge case.

Updates specs/EnforcementNetworkConcept.md §8.1 with a full 12-jurisdiction
findings table and three cross-cutting conclusions. Updates both V1C1
documents' Appendix A items (governing law, liability cap, data
protection) with the most consequential findings. Both workplans now have
only their human-gated synthesis tasks (T09-T10 / T10) remaining.

Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
This commit is contained in:
tegwick 2026-07-29 17:07:42 +02:00
parent 7e9cb08ce6
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@ -49,7 +49,7 @@ Extracted and stabilized from the concept draft under `workplans/TREV-WP-0003-no
## Enforcement Network concept
[`specs/EnforcementNetworkConcept.md`](specs/EnforcementNetworkConcept.md) is a new, separate concept (2026-07-29): independent, locally-licensed Enforcement Partners pursue unauthorized Commercial Use in their home jurisdiction for a share of Recovery, so License §3 enforcement scales without the Licensor litigating everywhere directly. **The central open risk is that lawyer contingency fees are not legal everywhere** — Germany notably restricts them — so the concept requires a jurisdiction-conditional Litigation Funder/Local Counsel structure, not a single global fee mechanism. Backed by `workplans/TREV-WP-0005-enforcement-network-research.md`; four of ten research tasks are done (Germany/EU, US, UK, mechanism design — see `history/260729-TREN-*.md`), confirming the UK's 50% Damages-Based Agreement cap validates the originally-proposed Contingency Share exactly, while Germany likely requires the split-role structure.
[`specs/EnforcementNetworkConcept.md`](specs/EnforcementNetworkConcept.md) is a new, separate concept (2026-07-29): independent, locally-licensed Enforcement Partners pursue unauthorized Commercial Use in their home jurisdiction for a share of Recovery, so License §3 enforcement scales without the Licensor litigating everywhere directly. **The central open risk is that lawyer contingency fees are not legal everywhere** — Germany notably restricts them — so the concept requires a jurisdiction-conditional Litigation Funder/Local Counsel structure, not a single global fee mechanism. Backed by `workplans/TREV-WP-0005-enforcement-network-research.md`; 9 of 10 tasks are done (all 8 jurisdictions plus mechanism design — see `history/260729-TREN-*.md`), only the human-gated synthesis remains. Findings: 50% is only exactly valid in the UK; most jurisdictions cap lower (1835%) or ban direct lawyer contingency outright (Germany, India); India cleanly confirms the split-role model is both necessary and legal there; Japan's fee-splitting rule means even the split-role fallback needs jurisdiction-specific structuring, not just an availability check.
## Repository layout
@ -74,8 +74,8 @@ Extracted and stabilized from the concept draft under `workplans/TREV-WP-0003-no
| [TREV-WP-0001](workplans/TREV-WP-0001-license-prior-art-research.md) | Prior-art research (T01T05 done, archived to `history/`) → TRSL V1C1 license candidate (T06 ready for human review) |
| [TREV-WP-0002](workplans/TREV-WP-0002-trust-service-foundation.md) | Schemas, pure Outstanding Target fold, golden fixture — **finished** |
| [TREV-WP-0003](workplans/TREV-WP-0003-normative-core-extraction.md) | Extract stable normative core docs — T01T05 done, T06 human review open |
| [TREV-WP-0004](workplans/TREV-WP-0004-global-jurisdiction-research.md) | Global jurisdictional research backing the License/CUA candidates (Germany/EU, US, UK, Argentina, India, China, Africa, Asia-Pacific, choice-of-law) — planned, not started |
| [TREV-WP-0005](workplans/TREV-WP-0005-enforcement-network-research.md) | Enforcement Network legal feasibility research (contingency-fee availability per jurisdiction) — 4 of 10 tasks done |
| [TREV-WP-0004](workplans/TREV-WP-0004-global-jurisdiction-research.md) | Global jurisdictional research backing the License/CUA candidates — 8 of 10 tasks done (all jurisdictions; T09 choice-of-law strategy and T10 synthesis remain) |
| [TREV-WP-0005](workplans/TREV-WP-0005-enforcement-network-research.md) | Enforcement Network legal feasibility research — 9 of 10 tasks done (all jurisdictions and mechanism design; T10 synthesis remains, human-gated) |
Hub index: [`WORK-RECORDS.md`](WORK-RECORDS.md) · brief: [`.custodian-brief.md`](.custodian-brief.md)