Close WP-0004/WP-0005 with alpha/beta legal-review deferral

Maintainer decision (2026-07-29): full specialist legal review of the
TRSL/CUA is postponed until the framework moves out of beta, given
limited legal/commercial exposure during build/alpha. WP-0004-T10 and
WP-0005-T10 synthesize their jurisdiction research into adopted alpha/beta
working defaults (governing law -> arbitration at a neutral seat,
liability cap, data protection minimal-collection practice, and the
Enforcement Network's fee mechanics) rather than full resolution, and are
accepted on that basis. Propagates the decision to the License/CUA V1C1
Appendix A tables and status banners, SCOPE.md, CONTRIBUTING.md, the
WP-0008-T05 go-live gate, and README.md.
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tegwick 2026-07-29 20:46:49 +02:00
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>
> Before any candidate of this license can become the official **Version 1.0** release:
>
> 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**;
> 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;
> 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 — explicitly deferred until the framework moves out of beta** (maintainer decision, 2026-07-29: legal/commercial exposure during build/alpha is limited and the License will be revised on stakeholder/customer feedback before this review is warranted; see `history/260729-TRSL-Jurisdiction-Synthesis.md` §3 for what this deferral does and does not mean);
> 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, item 6 (governing law) has an alpha/beta working default adopted 2026-07-29, remaining items open;
> 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.
>
> **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.
@ -134,7 +134,7 @@ This License does not grant permission to use the trade names, trademarks, servi
## 11. General Provisions
**11.1 Governing law and venue.** [To be specified per deployment; see Appendix A — jurisdiction selection affects Section 1's "Commercial Use" and "Settled Payment" definitions and is not resolved by this candidate.]
**11.1 Governing law and venue.** [Adopted for alpha/beta 2026-07-29: disputes arising under this License shall be resolved by binding arbitration, seated at a neutral, arbitration-mature venue (Singapore or London are the two candidates concretely supported by current research), rather than by litigation in a national court. This choice is made specifically to inherit the New York Convention's ~172-state enforceability reach, including in jurisdictions researched here that lack a workable foreign-judgment regime (see Appendix A item 6). The specific arbitral institution and substantive governing law remain a per-deployment blank pending the Licensor entity's own jurisdiction; they are not fixed by this candidate. See `history/260729-TRSL-Jurisdiction-Synthesis.md` §2.]
**11.2 Severability.** If any provision of this License is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.
@ -157,7 +157,7 @@ This appendix is not part of the operative license text. It tracks what must be
| 3 | §1, §2 | Exact scope of "Noncommercial Use" | **[LEGAL]** | `history/260729-TRSL-PriorArt-Survey.md` §3.3 |
| 4 | §4 | Patent license clause text, review against local patent law | **[LEGAL]** | `history/260729-TRSL-FutureLicense-PatentPrecedent.md` §4 |
| 5 | §7 | Whether a cured breach should generate a compensating Target Ledger entry | **[OPEN]** | — |
| 6 | §11.1 | Governing law and venue selection | **[LEGAL, OPEN]** | All 9 of `workplans/TREV-WP-0004-global-jurisdiction-research.md`'s T01T09 done; only T10 (synthesis) remains. **T09 revises the China finding**: China has enforced the New York Convention since 1986 (arbitral awards travel via a ~172-state regime) but ratified no foreign-judgment convention — arbitration, not the litigation-focused China rider T06 first recommended, is likely the more promising path for Chinese enforceability. T09 also found arbitration is structurally favored globally for this reason, and recommends drafting clarity-sensitive clauses to satisfy Germany's Transparenzgebot, UK's UCTA reasonableness, and Australia's UCT regime simultaneously. See `history/260729-TRSL-GlobalChoiceOfLaw-Strategy.md`. |
| 6 | §11.1 | Governing law and venue selection | **[ADOPTED FOR ALPHA/BETA 2026-07-29]** — arbitration at a neutral seat; institution/substantive law still **[LEGAL, OPEN]** | `workplans/TREV-WP-0004-global-jurisdiction-research.md` finished (T01T10). **T09 revises the China finding**: China has enforced the New York Convention since 1986 (arbitral awards travel via a ~172-state regime) but ratified no foreign-judgment convention — arbitration, not the litigation-focused China rider T06 first recommended, is the more promising path for Chinese enforceability, and this generalizes globally. **T10 synthesis adopts arbitration (Singapore or London seat candidates) as the alpha/beta default** per §11.1 above; this is a bounded operating decision for pilot-stage Phases, not a substitute for full specialist review before the license is finalized. See `history/260729-TRSL-Jurisdiction-Synthesis.md` §2. |
| 7 | (all) | Full review under German AGB law (Transparenzgebot) and, where applicable, EU consumer-protection law | **[LEGAL]** | `history/260729-TRSL-Jurisdiction-StandardTerms.md` §1§2 |
| 8 | (all) | Contributor rights sufficient to grant this License and the Future License (CLA) | **[LEGAL]**, separate deliverable | `history/260729-TRSL-ContributorRights-Research.md` §4 |
| 9 | (all) | Full specialist legal review in every jurisdiction of intended use | **[LEGAL]** | `specs/TargetRevenueLicenseConcept.md` §21.5 |