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.
Cross-cutting research (New York Convention enforceability, neutral-seat
arbitration practice, and a consolidated drafting principle) revises the
China finding from T06/TREN-T06: China has enforced the New York
Convention since 1986 (arbitral awards travel via a ~172-state regime
with limited refusal grounds) but has ratified no foreign-judgment
convention, relying on patchy bilateral treaties and evolving reciprocity
for court judgments specifically. Arbitration, not the litigation-focused
China rider previously recommended, is likely the more promising
enforceability path for a Chinese Customer - and for the Enforcement
Partner Agreement too, per a cross-reference added to
specs/EnforcementNetworkConcept.md.
Also produces a consolidated drafting principle: write clarity-sensitive
clauses to satisfy Germany's Transparenzgebot, UK's UCTA reasonableness,
and Australia's expanded Unfair Contract Terms regime simultaneously,
since research this program has already found separately shows none of
the three reduces to another.
Updates License Appendix A item 6 and CUA Appendix A item 1 accordingly.
WP-0004 now has 9 of 10 tasks done; only the human-gated T10 synthesis
remains.
Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
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>
Adds specs/TargetRevenueCommercialUseAgreement-V1C1.md, the companion
agreement the License repeatedly refers to but never itself set terms
for: commercial entitlement grant, fees and explicit Development Credit
allocation, applicable monetization extensions, metering, audit rights,
term/termination (cross-referenced to License §7.2/§5.2 so a Commercial
Use Agreement termination can never revoke an already-converted Milestone
Release), and a real Section 9 implementing the informed-consent breach-
disclosure election that License §7.4 deferred here: opt-in named
disclosure vs. an anonymized default, a 10-business-day pre-publication
notice with a dispute window, and a data-protection carve-out.
Unlike the License, this Agreement had no dedicated prior-art research
pass (WP-0001 T01-T05 covered license models, terminology, patents,
contributor rights, and jurisdiction constraints, not commercial-agreement
drafting norms) — its preliminary notice says so explicitly, and Appendix A
leaves Section 13 (Indemnification) unwritten rather than guess at a
default carrying real financial exposure.
Corrects three prior references from the placeholder filename
"TRSL-CommercialUseAgreement-Draft.md" to the actual deliverable name, and
cross-references it from README, PRD, TSD, and SCOPE.
Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
