<p>All,</p>
<p>Rather than simply bumping my earlier request for broad feedback, I would like to narrow the discussion to one threshold question about Sections 3 and 4.</p>
<p>Even a brief view on this one point would be useful. I think it can be considered independently of the patent, machine-learning, moral-rights, and license-proliferation questions.</p>
<p>Since my original post, I have been reading the 2020 License Review discussion concerning the Unlicense.</p>
<p>I do not regard approval of the Unlicense as controlling precedent for ACD-1.0, particularly because it was considered as a legacy license rather than as a new-license submission.</p>
<p>The discussion is nevertheless useful because it exposes both sides of the problem ACD-1.0 is trying to address:</p>
<ul>
<li>a public-domain dedication may not operate effectively in every jurisdiction; but</li>
<li>where a dedication does operate fully, there may no longer be a right remaining in the Dedicator\u2019s hands over which a licence needs to operate.</li>
</ul>
<p>ACD-1.0 attempts to avoid making the recipient resolve the first question before knowing whether the Work may be used.</p>
<p>Section 2.4 says:</p>
<p>«\u201cSections 3, 4, 5, and 6 are independent of one another. Each is granted on its own footing and none is conditioned on the failure of another.\u201d»</p>
<p>Section 3 attempts to surrender the Covered Rights.</p>
<p>Section 4.1 separately makes a complete present grant:</p>
<p>«\u201cThe Dedicator grants You a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, sublicensable, and transferable licence to exercise all Covered Rights in the Work for any purpose whatsoever.\u201d»</p>
<p>Section 4.4 then says:</p>
<p>«\u201cThe licence in Section 4.1 is granted independently of Section 3 and does not depend on Section 3 being ineffective. Where Section 3 is effective, this Section is redundant but not void, and it remains available to be relied upon by You.\u201d»</p>
<p>The intended recipient-facing result is simple:</p>
<p>a recipient should not have to determine whether Section 3 succeeded in a particular jurisdiction before relying on the freedoms expressed by ACD-1.0.</p>
<p>My threshold question is whether the current text reaches that result using a legally coherent description of the relationship between the dedication and the licence.</p>
<p>I see two possible analyses.</p>
<p>Reading A \u2014 the licence remains independently available.</p>
<p>Section 4.1 is granted presently and unconditionally. Its existence never depends on failure of Section 3.</p>
<p>If Section 3 fails, Section 4 supplies the permission.</p>
<p>If Section 3 succeeds only partly, Section 4 applies to whatever Covered Rights remain.</p>
<p>If Section 3 succeeds fully, Section 4 has no practical work to do, but the prior independent grant is not thereby invalidated.</p>
<p>That is what the present phrase \u201credundant but not void\u201d is intended to express.</p>
<p>Reading B \u2014 the grant is independent, but successful surrender removes the right on which it would operate.</p>
<p>Under this reading, Section 4.1 is still a present and unconditional grant, and it still solves the recipient-facing problem wherever any Covered Right remains.</p>
<p>But once a particular Covered Right has actually been surrendered, it may be inaccurate to say that the licence over that right remains \u201cavailable to be relied upon,\u201d because there is no longer an exclusive right requiring permission.</p>
<p>The practical result for the recipient is the same under both readings:</p>
<ul>
<li>if the right is gone, permission is unnecessary;</li>
<li>if the right remains, Section 4.1 supplies it.</li>
</ul>
<p>So my concern is not whether the recipient remains free.</p>
<p>It is whether Section 4.4 describes the legal route accurately.</p>
<p>The narrow question I would especially welcome views on is therefore:</p>
<p>Is \u201credundant but not void, and it remains available to be relied upon\u201d a sound description of an independently granted licence after the corresponding Covered Right has successfully been surrendered?</p>
<p>If not, would the better analysis be that the architecture itself is sound, but Section 4.4 should simply avoid making a claim about continued operation over rights that no longer exist?</p>
<p>Put another way, I am trying to distinguish between two possible problems:</p>
<ol>
<li>Architectural: a dedication and an unconditional present licence should not be structured as independent concurrent footings at all; or</li>
<li>Drafting: the independent architecture is sound, but Section 4.4 describes the successful-dedication case too strongly.</li>
</ol>
<p>If the first is the problem, I would rather know that before refining secondary provisions.</p>
<p>If the second is the problem, that suggests a much narrower revision.</p>
<p>And if the present wording is already coherent, I would rather leave the fixed text alone than revise it unnecessarily.</p>
<p>I have deliberately left Section 5\u2019s covenant not to assert, the patent provisions, machine-learning provisions, machine-generated material, moral-rights provisions, and the separate license-proliferation question outside this message so that they do not obscure this one point.</p>
<p>The ACD-1.0 text remains the same fixed text circulated with my original discussion request:</p>
<p><a href="https://yutapr0117-design.github.io/portfolio/LICENSES/ACD-1.0.txt">https://yutapr0117-design.github.io/portfolio/LICENSES/ACD-1.0.txt</a></p>
<p>I am not reattaching it because the text has not changed, and I do not want a new attachment to suggest that a revised version is being circulated.</p>
<p>Even a short reaction to the Section 3 / Section 4 relationship would be very helpful.</p>
<p>Best regards,</p>
<p>Yuta Yokoi<br>
License Steward<br>
Autonomous Commons Dedication 1.0 (ACD-1.0)</p>