[License-review] Request for Open Constitution License v1 for Approval

Kevin P. Fleming lists.osi-license-review at kevin.km6g.us
Thu Aug 17 17:38:34 UTC 2023


On Wed, Aug 16, 2023, at 17:00, Legal Desk via License-review wrote:
> **Rationale f*or a new license*
> 
> **
> 
> The Open Constitution License (OCL) <https://license.openconstitution.us/open-constitution-license-v1> is a novel open-source license that grants intellectual property rights to source code hosted on an Artificial Intelligence network. It sets rules for data integrity, authorization, and redistribution of IP through a publicly accessible network. The license considers factors such as open data principles, copyrightability of AI/ML systems, data privacy, fair competition, and responsibility in AI/ML-driven decisions.
> 
> 
> 
> OCL **differs from other open-source licenses** in its focus on AI and its specific provisions for data protection, international law, and the role of the public network. 
> 
> It introduces General Public Tokenization, and electronic persons in the context of open source IPR.
> 
> 
> 
> OCL establishes a chain of authorship **similar to** EUPL-1.2 or a restriction on the Licensee for data integrity performance when redistributing to a beneficiary,* s*imilar to **CAL1.0, 
> 
> 
> 
> 
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> PLAIN TEXT COPY OF THE LICENSE
> 
> _https://license.openconstitution.us/license-copy-eng_
> 

This license contains a definition of "Open Source" which is not based on the OSD. It seems highly unlikely that the OSI would approve a license containing a conflicting definition of this fundamental term.

Article 1 section b is somewhat poorly drafted, but in any case requires that a 'derivative work' comply with a third party's "Acceptable Usage Conditions". This is clearly not compatible with OSD 5 and 6, which disallow discrimination against person(s) or group(s), and against fields of endeavor. Article 5 is also incompatible with OSD 5 and 6.

Article 2.1 is not compatible with OSD 10; the license cannot dictate any specific technological mechanisms.
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