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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
parent 236ebc2509
commit c12a4043c4
5 changed files with 24 additions and 6 deletions
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workplans/TREV-WP-0001-license-prior-art-research.md
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@ -246,3 +246,21 @@ A item 10; `OpenQuestions-WorkingDefaults.md` Q12 item 5). Propagated to
`specs/TechnicalSpecificationDocument.md` §4.1 (new Breach/Compliance
Record Trust Service component) and `specs/ProductRequirementsDocument.md`
FR-10. Still `todo` — ready for continued human review.
Result 2026-07-29 (maintainer revision): maintainer requested naming-policy
specifics be routed through the Commercial Use Agreement rather than set
as a License-wide default. Revised §7.4: the License now only guarantees
an anonymized Phase-and-category fallback record; whether a Commercial
Entitlement holder is named is governed exclusively by the applicable
Commercial Use Agreement (bilaterally negotiated, informed-consent basis)
or, absent one (e.g. a noncommercial §2(c) breach), stays anonymized by
default. This meaningfully reduces the License text's own legal exposure —
the open item shifts from "should the License name parties by default"
to "the 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 in `history/260729-TRSL-ContributorRights-Research.md` §6.
Propagated to `OpenQuestions-WorkingDefaults.md` Q12 item 5,
`specs/ProductRequirementsDocument.md` FR-10, and
`specs/TechnicalSpecificationDocument.md` §4.1. Still `todo` — ready for
continued human review.