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Accept TRSL V1C1 (WP-0001-T06): objective Commercial Use definition

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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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tegwick 2026-07-29 19:30:41 +02:00
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specs/OpenQuestions-WorkingDefaults.md
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@ -32,12 +32,12 @@ During a protected Phase, noncommercial users may view source, evaluate, test, a
## Q2 — Definition of commercial use (2)
**Working default:**
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.
**Adopted 2026-07-29 (maintainer accept, `specs/TargetRevenueSourceLicense-V1C1.md` §1):**
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.
**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).
**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).
**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.
**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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