Accept TRSL V1C1 (WP-0001-T06): objective Commercial Use definition
Bernd reviewed the License candidate and accepted it, conditioned on one
refinement to §1's "Commercial Use" definition: replaces the prior
circular definition ("use other than Noncommercial Use") with an
objective, billing-based trigger. Commercial Use now means billing a
customer for pre-conversion Software use, full stop - regardless of
whether the resulting payment is registered with the Trust Service.
Billing without recording the payment in the Target Ledger is Commercial
Use without a valid Commercial Entitlement, a Section 3 violation
addressed under Section 7 and, where applicable, the Enforcement Network.
This substantially resolves the affiliate/contractor/mixed-purpose/
public-sector ambiguity Appendix A item 1 flagged, since classification
no longer depends on who the customer is, only on whether they are
billed. A narrower residual item remains open: whether consumer-
protection law overrides this classification for an individual/sole-
proprietor customer in a given jurisdiction (the same recurring pattern
found across WP-0004's jurisdiction research).
Updates the document's status banner: condition 3 (human acceptance) is
now met; conditions 1 (specialist legal review) and 2 (full Appendix A
resolution) remain open - V1C1 is accepted as adequate briefing material
for counsel, not yet official Version 1.0. Marks WP-0001-T06 done and the
WP-0001 workplan finished (all 6 tasks complete). Updates
OpenQuestions-WorkingDefaults.md Q2, README, and CONTRIBUTING.md to match.
Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
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@ -33,9 +33,10 @@ A Developer Certificate of Origin (DCO) alone is **not** assumed sufficient for
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The following must not be marked complete by agents alone without explicit human accept (comment, decision record, or maintainer message):
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- Non-binding TRSL draft skeleton (WP-0001-T06)
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- TRSL V1C1 license candidate (WP-0001-T06 — **accepted 2026-07-29** as adequate briefing material for counsel; still requires specialist legal review and full Appendix A resolution before official V1.0)
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- Library/stack ADR that locks implementation technology (WP-0002-T01 — **accepted 2026-07-29**, see ADR-0001)
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- Promotion of working defaults into normative core wording (WP-0003-T06, open)
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- WP-0004/WP-0005 jurisdiction-synthesis tasks (T10 in each, open)
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## Workplans
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@ -43,7 +43,7 @@ Extracted and stabilized from the concept draft under `workplans/TREV-WP-0003-no
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## TRSL license candidate
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[`specs/TargetRevenueSourceLicense-V1C1.md`](specs/TargetRevenueSourceLicense-V1C1.md) is the first candidate written as actual operative license text (Version 1, Candidate 1) rather than a bracket-annotated skeleton — **preliminary, not final, not for production use** (see the notice at the top of that file). It is grounded in the prior-art and jurisdiction research archived under `history/260729-TRSL-*.md`, and supersedes the earlier skeleton now archived at `history/260729-TargetRevenueSourceLicense-Draft.md`.
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[`specs/TargetRevenueSourceLicense-V1C1.md`](specs/TargetRevenueSourceLicense-V1C1.md) is the first candidate written as actual operative license text (Version 1, Candidate 1) rather than a bracket-annotated skeleton — **accepted by the maintainer 2026-07-29 as adequate briefing material for counsel, but still preliminary, not final, not for production use** (specialist legal review and full Appendix A resolution remain outstanding; see the notice at the top of that file). It is grounded in the prior-art and jurisdiction research archived under `history/260729-TRSL-*.md`, and supersedes the earlier skeleton now archived at `history/260729-TargetRevenueSourceLicense-Draft.md`.
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[`specs/TargetRevenueCommercialUseAgreement-V1C1.md`](specs/TargetRevenueCommercialUseAgreement-V1C1.md) is the companion Commercial Use Agreement template the License refers to but does not itself set terms for — same preliminary-candidate status, but **less** mature than the License: it had no dedicated prior-art research pass, and its Section 13 (Indemnification) is deliberately left unwritten rather than guessed.
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@ -73,7 +73,7 @@ The concept's §13 now defines a **Global Contingency Share Determination Rule**
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| Workplan | Focus |
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| --- | --- |
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| [TREV-WP-0001](workplans/TREV-WP-0001-license-prior-art-research.md) | Prior-art research (T01–T05 done, archived to `history/`) → TRSL V1C1 license candidate (T06 ready for human review) |
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| [TREV-WP-0001](workplans/TREV-WP-0001-license-prior-art-research.md) | Prior-art research → TRSL V1C1 license candidate — **finished**, accepted by the maintainer 2026-07-29 |
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| [TREV-WP-0002](workplans/TREV-WP-0002-trust-service-foundation.md) | Schemas, pure Outstanding Target fold, golden fixture — **finished** |
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| [TREV-WP-0003](workplans/TREV-WP-0003-normative-core-extraction.md) | Extract stable normative core docs — T01–T05 done, T06 human review open |
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| [TREV-WP-0004](workplans/TREV-WP-0004-global-jurisdiction-research.md) | Global jurisdictional research backing the License/CUA candidates — 9 of 10 tasks done; only the human-gated T10 synthesis remains |
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@ -32,12 +32,12 @@ During a protected Phase, noncommercial users may view source, evaluate, test, a
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## Q2 — Definition of commercial use (2)
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**Working default:**
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Treat as **commercial use** any use by or for an organization that is not purely personal, academic research, or recognized non-profit educational classroom use — **provisional**, for examples and risk callouts only.
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**Adopted 2026-07-29 (maintainer accept, `specs/TargetRevenueSourceLicense-V1C1.md` §1):**
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Commercial Use is defined objectively as billing, invoicing, or otherwise charging any customer for or in connection with use of the Software before the Conversion Event — regardless of whether the resulting payment is registered with the Trust Service. This replaces the prior circular "use other than Noncommercial Use" framing with a mechanically checkable trigger (the act of billing), which substantially resolves the affiliate/contractor/mixed-purpose/public-sector ambiguity below, since classification no longer depends on who the customer is, only on whether they are billed.
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**Blocked on legal:** Affiliates, contractors, mixed-purpose, public-sector, and internal-tools-only definitions must appear in TRSL draft with objective wording (AGB/clarity risk).
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**Still blocked on legal:** whether consumer-protection law in a given jurisdiction overrides this classification for an individual/sole-proprietor customer — see `history/260729-TRSL-Jurisdiction-StandardTerms.md` §4 item 2 and the recurring B2B/consumer pattern found across `workplans/TREV-WP-0004-global-jurisdiction-research.md` (Germany/EU, US via CCPA, Argentina).
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**Stage 0 practice:** Golden examples assume a paying “commercial entitlement” for any company production use; do not encode a full classifier in the fold library.
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**Stage 0 practice:** Golden examples assume a paying "commercial entitlement" for any company production use; do not encode a full classifier in the fold library — the License's billing-based trigger is a legal/contractual definition, not a Stage 0 schema field.
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---
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@ -10,11 +10,11 @@
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>
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> Before any candidate of this license can become the official **Version 1.0** release:
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>
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> 1. it must pass specialist legal review in every jurisdiction where it will be used (see `history/260729-TRSL-Jurisdiction-StandardTerms.md` for known exposure, particularly German AGB/Transparenzgebot clarity requirements);
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> 2. every item listed in **Appendix A — Candidate Notes** below must be resolved or explicitly and knowingly accepted by the Licensor;
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> 3. a human maintainer must explicitly accept it, per `workplans/TREV-WP-0001-license-prior-art-research.md` T06 and `CONTRIBUTING.md`'s human-decision-gate policy.
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> 1. it must pass specialist legal review in every jurisdiction where it will be used (see `history/260729-TRSL-Jurisdiction-StandardTerms.md` for known exposure, particularly German AGB/Transparenzgebot clarity requirements); **not yet done**;
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> 2. every item listed in **Appendix A — Candidate Notes** below must be resolved or explicitly and knowingly accepted by the Licensor; **partially done** — item 1 (Commercial Use definition) resolved 2026-07-29, remaining items open;
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> 3. a human maintainer must explicitly accept it, per `workplans/TREV-WP-0001-license-prior-art-research.md` T06 and `CONTRIBUTING.md`'s human-decision-gate policy. **Done — accepted by the maintainer (Bernd) on 2026-07-29**, on the condition reflected in the Commercial Use definition refinement below.
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>
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> Until all three conditions are met, this document is a **drafting candidate**, not a license anyone should rely on. Bracketed placeholders (e.g. `[Licensor Legal Name]`) must be filled in per deployment; they are normal template blanks, not indicators of incompleteness — the substantive incompleteness is tracked separately in Appendix A.
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> **Acceptance under condition 3 means this candidate is adequate briefing material for counsel and the reference text for further framework work — it does not mean conditions 1 or 2 are satisfied.** It remains a drafting candidate, not a license anyone should rely on for a real Phase, until specialist legal review (condition 1) and full Appendix A resolution (condition 2) are also complete. Bracketed placeholders (e.g. `[Licensor Legal Name]`) must be filled in per deployment; they are normal template blanks, not indicators of incompleteness — the substantive incompleteness is tracked separately in Appendix A.
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---
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@ -30,7 +30,7 @@ Capitalized terms used in this License have the meanings given below. Where a te
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**"Commercial Entitlement"** means a right, purchased or otherwise granted under a Commercial Use Agreement, to make Commercial Use of the Software during a Phase.
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**"Commercial Use"** means use of the Software by or for any person or organization other than in Noncommercial Use as defined below. [Candidate note: this is a working definition per `specs/OpenQuestions-WorkingDefaults.md` Q2 and is flagged in Appendix A as needing objective refinement for affiliates, contractors, mixed-purpose, and public-sector use before V1.0.]
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**"Commercial Use"** means billing, invoicing, or otherwise charging any customer a fee, subscription, license fee, or other consideration for or in connection with use of the Software, at any time before the Conversion Event for the applicable Phase, regardless of whether the person or organization billed would otherwise qualify for Noncommercial Use. Commercial Use occurs by virtue of such billing alone, whether or not the resulting payment is registered with the Trust Service; in particular, billing a customer for pre-conversion use of the Software without recording the corresponding payment in the applicable Phase's Target Ledger is Commercial Use without a valid Commercial Entitlement — a violation of Section 3, addressed under Section 7 and, where applicable, the Enforcement Network described in `specs/EnforcementNetworkConcept.md`. [Candidate note: adopted 2026-07-29 per maintainer review ("minimal objective refinement"), replacing the prior circular "use other than Noncommercial Use" definition with an objective, billing-based trigger. The reviewer's "Target Revenue Trust Registry" corresponds to the Trust Service's Target Ledger (`specs/TargetLedgerSpecification.md`); the established term is used here for consistency. A residual edge case this refinement narrows but does not fully resolve — whether consumer-protection law in a given jurisdiction overrides this classification for an individual/sole-proprietor customer (working default Q2, `specs/OpenQuestions-WorkingDefaults.md`) — remains tracked in Appendix A item 1.]
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**"Commercial Use Agreement"** means the separate agreement, referenced by the applicable Phase Manifest, under which a Commercial Entitlement is purchased or granted. This License does not itself set pricing, metering, or payment terms — those are governed by the Commercial Use Agreement.
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@ -152,7 +152,7 @@ This appendix is not part of the operative license text. It tracks what must be
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| # | Section | Item | Status | Research basis |
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| 1 | §1, §3 | Objective definition of "Commercial Use" (affiliates, contractors, mixed-purpose, public-sector edge cases) | **[LEGAL, OPEN]** | `history/260729-TRSL-Jurisdiction-StandardTerms.md` §4 item 2 |
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| 1 | §1, §3 | Objective definition of "Commercial Use" | **[RESOLVED 2026-07-29 — core definition]**; narrower residual item remains **[LEGAL, OPEN]** | Maintainer adopted a billing-based objective trigger (billing a customer for pre-conversion Software use, regardless of registration) — this substantially resolves the affiliate/contractor/mixed-purpose/public-sector ambiguity, since the trigger no longer depends on classifying the customer, only on whether they are billed. Still open: whether consumer-protection law overrides this classification for an individual/sole-proprietor customer in a given jurisdiction — see `specs/OpenQuestions-WorkingDefaults.md` Q2 and `history/260729-TRSL-Jurisdiction-StandardTerms.md` §4 item 2. |
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| 2 | §1 | Exact mechanics of "Settled Payment" (processor clearance, chargeback window, business-day count) | **[LEGAL, OPEN]** — highest priority | `history/260729-TRSL-Jurisdiction-StandardTerms.md` §4 item 1 |
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| 3 | §1, §2 | Exact scope of "Noncommercial Use" | **[LEGAL]** | `history/260729-TRSL-PriorArt-Survey.md` §3.3 |
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| 4 | §4 | Patent license clause text, review against local patent law | **[LEGAL]** | `history/260729-TRSL-FutureLicense-PatentPrecedent.md` §4 |
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**On item 10:** §7.4 intentionally does not set a naming default in the License itself — naming policy is routed to the Commercial Use Agreement, a bilaterally negotiated contract where the affected party can give informed consent (or negotiate confidentiality) rather than being bound by a unilateral public-license term. This meaningfully reduces the License text's own legal exposure, but it does not eliminate the underlying question: a Commercial Use Agreement template still needs a clause addressing (a) whether Commercial Use Agreements may lawfully make named disclosure a condition of the Commercial Entitlement; (b) whether a "determined" breach (cure period lapsed, or dispute resolved) provides sufficient factual basis to avoid defamation exposure across the jurisdictions in scope; (c) data-protection obligations (e.g., GDPR) where the Commercial Entitlement holder is an individual. Recommend a dedicated `TargetRevenueCommercialUseAgreement-V1C1.md` deliverable, analogous to the CLA research recommendation in `history/260729-TRSL-ContributorRights-Research.md` §6, when a Commercial Use Agreement template becomes an active near-term need.
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**Promotion path:** per `SCOPE.md` §4 and `workplans/TREV-WP-0001-license-prior-art-research.md` T06, this candidate requires explicit human acceptance before being treated as adequate briefing material for counsel, and specialist legal sign-off on every item above before any candidate may be published as official Version 1.0.
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**Promotion path:** per `SCOPE.md` §4 and `workplans/TREV-WP-0001-license-prior-art-research.md` T06, this candidate required explicit human acceptance before being treated as adequate briefing material for counsel — **received 2026-07-29** — and still requires specialist legal sign-off on every remaining item above before any candidate may be published as official Version 1.0.
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@ -4,11 +4,11 @@ type: workplan
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title: "TargetRevenueSourceLicense prior-art and adjacent-concept research"
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domain: infotech
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repo: target-revenue
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status: active
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status: finished
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owner: claude
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topic_slug: infotech
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created: "2026-07-28"
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updated: "2026-07-28"
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updated: "2026-07-29"
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state_hub_workstream_id: "6f91cef8-c75c-4955-aaba-0b240390fbe9"
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---
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@ -199,10 +199,12 @@ working defaults Q2 if definitions improve.
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```task
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id: TREV-WP-0001-T06
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status: todo
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status: done
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priority: high
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state_hub_task_id: "9e29b76f-37c0-4204-8cdc-e8d75e8412b4"
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human_accept_required: true
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human_accepted_by: Bernd
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human_accepted_at: "2026-07-29"
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```
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Using T01–T05, produce `specs/TargetRevenueSourceLicense-Draft.md`: a
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@ -286,3 +288,20 @@ Cross-referenced from the License's own Appendix A item 10 (filename
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corrected from the earlier "-Draft.md" placeholder name to match this
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actual deliverable). Still `todo` — ready for human review alongside the
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License.
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Result 2026-07-29 (maintainer acceptance): Bernd reviewed V1C1 and
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accepted it ("the Candidate is to be considered accepted"), conditioned on
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one refinement to §1's "Commercial Use" definition. Applied: replaced the
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prior circular definition ("use other than Noncommercial Use") with an
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objective, billing-based trigger — Commercial Use occurs by billing a
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customer for pre-conversion Software use, regardless of whether the
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resulting payment is registered with the Trust Service; billing without
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recording the payment in the Target Ledger is Commercial Use without a
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valid Commercial Entitlement, a Section 3 violation. Appendix A item 1
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marked resolved for the core definition, with a narrower residual item
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(consumer-protection-law override for individual/sole-proprietor
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customers) left open. Updated the document's top status banner: condition
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3 (human acceptance) is now met; conditions 1 (specialist legal review)
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and 2 (full Appendix A resolution) remain open — V1C1 is accepted as
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adequate briefing material for counsel, not yet official Version 1.0.
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**Task marked `done`** per the human-accept gate.
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