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Route breach-record naming policy through Commercial Use Agreement, not License

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Revises V1C1 §7.4 per maintainer instruction: the License no longer sets a
named-by-default disclosure rule for published breach/termination records.
Instead, whether a Commercial Entitlement holder is named is governed
exclusively by the applicable Commercial Use Agreement — a bilaterally
negotiated contract where informed consent can actually be obtained. The
License itself only guarantees an anonymized Phase-and-category fallback
where no Commercial Use Agreement addresses it or none exists (e.g. a
noncommercial Section 2(c) breach).

This meaningfully reduces the License text's own legal exposure: the open
item is no longer "should the License name parties by default" but
"the not-yet-drafted Commercial Use Agreement template needs its own
naming/consent/data-protection clause" — recommended as a future
TRSL-CommercialUseAgreement-Draft.md deliverable, analogous to the CLA
recommendation already on record.

Updates Appendix A item 10, OpenQuestions-WorkingDefaults.md Q12 item 5,
PRD FR-10, and TSD §4.1 to match.

Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
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tegwick 2026-07-29 11:03:39 +02:00
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specs/OpenQuestions-WorkingDefaults.md
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@ -165,7 +165,7 @@ Status `canonical` requires documented review; Stage 0 may ship them as `registe
2. Conversion already triggered remains irrevocable (Rule 9) even if a later dispute reduces Development Credit — shortfall is a commercial/audit matter, not re-restriction.
3. When the Trust Service operator is also a Phase licensor, attestations must be independently re-computable offline; public metrics must not depend on private operator judgment.
4. **(Added 2026-07-29, TRSL V1C1 §7.4)** Breach notices, cure status, and termination determinations for a Phase are published by the Trust Service as a public conformity signal, distinguishing `alleged` from `determined`. Publication is a ministerial record of the Licensor's (or a dispute process's) determination — the Trust Service does not itself decide whether a breach occurred.
5. **(Added 2026-07-29, TRSL V1C1 Appendix A item 10 — blocked on legal)** Whether the published breach record names the affected party by default (the mechanism's intended deterrent effect) or falls back to an anonymized Phase-and-category record, and how that interacts with Commercial Use Agreement confidentiality, defamation law, and data-protection law. This is the single most legally sensitive open item introduced by V1C1.
5. **(Revised 2026-07-29, TRSL V1C1 §7.4 / Appendix A item 10 — blocked on legal)** Whether a published breach record names the affected Commercial Entitlement holder is governed by the applicable Commercial Use Agreement, not a License-wide default — the License itself only guarantees an anonymized Phase-and-category fallback where no Commercial Use Agreement addresses it or none exists. The open item is now drafting the Commercial Use Agreement template's own naming/consent/data-protection clause, not a License-text decision.
**Blocked on governance:** Full dispute SLA and third-party auditor program (PRD Phase 7).