Executes all remaining shared jurisdictions across both workplans:
Germany/EU (deepened contract-law angle), US (deepened), UK (deepened),
Argentina, India, China, Africa (South Africa + OHADA), and Asia-Pacific
(Singapore, Japan, Australia) - 13 new history/ research artifacts.
Highest-priority findings:
- Australia's Unfair Contract Terms regime (expanded Nov 2023) covers
standard-form contracts with any business under 100 employees/$10M
turnover by default - the CUA is exactly such a contract, and most
realistic Customers fall within this threshold. Unlike every other
jurisdiction's consumer carve-out, this is not an edge case.
- China requires a "foreign-related" contract even to select foreign
governing law, subject to a vague public-interest override even then -
confirms a dedicated China rider is needed for both the License/CUA and
the Enforcement Partner Agreement, not a shared global clause.
- India flatly prohibits advocate contingency fees (no exception gates,
stricter than Germany) while explicitly permitting third-party
litigation funding - the cleanest confirmation yet that the Litigation
Funder/Local Counsel split-role model is both necessary and legal there.
- Japan's Article 12 fee-splitting rule means even the split-role
fallback needs jurisdiction-specific structuring - the first case where
the workaround itself, not just the original mechanism, has an open
compliance question.
- Contingency Share ceilings vary widely where available: UK 50% (exact
match), South Africa 25%, Argentina 35% (50% only with risk assumption),
China 18% down to 6% on a sliding scale that shrinks as claims grow.
- Recurring cross-jurisdictional pattern (Germany, EU, US via CCPA,
Argentina): B2B governing-law/liability clauses are respected, but an
individual/sole-proprietor Customer's consumer-protection status is the
operative risk everywhere, not a one-off edge case.
Updates specs/EnforcementNetworkConcept.md §8.1 with a full 12-jurisdiction
findings table and three cross-cutting conclusions. Updates both V1C1
documents' Appendix A items (governing law, liability cap, data
protection) with the most consequential findings. Both workplans now have
only their human-gated synthesis tasks (T09-T10 / T10) remaining.
Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
Backs the License/Commercial Use Agreement V1C1 candidates with a research
plan covering Germany, the rest of the EU, the US, the UK, Argentina (Latin
America anchor), India, China, representative African jurisdictions,
representative Asia-Pacific jurisdictions beyond India/China, and a
cross-cutting global choice-of-law/choice-of-forum strategy task.
Ten tasks: T01-T08 one per jurisdiction/family, T09 the cross-cutting
choice-of-law mechanism ("wherever"), T10 a synthesis that proposes (but
does not itself apply, per the human-accept gate) resolutions for the
governing-law, liability-cap, indemnification, and data-protection Appendix
A items in both V1C1 documents. Deliberately scoped as multiple targeted
tasks rather than one generic "international law" task, since prior
research already showed enforceability norms diverge in ways that don't
compress into a single finding (German AGB law covers B2B, EU consumer law
doesn't).
This workplan is planning only — no research has been executed yet.
Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
