Open Covenant License (OCOV) Initiative

LinkedIn Generated Image: Introducing the Open Covenant License

I'm working on a new initiative to create a new type of content license.

Introducing the Open Covenant License (OCOV): A New Ethical Framework for Content Sharing

In the digital age, where information is as valuable as currency, we propose the Open Covenant License (OCOV) as a pioneering content-sharing and distribution approach. The OCOV's design is towards fostering an ecosystem of openness, ethical responsibility, and equitable profit sharing. Here's what sets the OCOV apart:

Profit Sharing for Content Creators: At the heart of the OCOV is a commitment to share 10% of net profits from OCOV-licensed content with its creators. This approach recognizes the creators' contributions and supports sustainable content creation.
Transparency in Operations: The OCOV mandates transparency in supply chains and profit-sharing mechanisms. Entities using OCOV-licensed content must disclose their processes, ensuring content distribution is fair and just compensation for creators.
Protection of Sensitive Content: The OCOV categorizes sensitive content into statutory, subjective, and objective types, ensuring utmost care and respect for legal, ethical, and personal boundaries.
User and Distributor Responsibilities: Users and distributors of OCOV-licensed content have specific obligations. These include proper attribution, adherence to the profit-sharing model, and the ethical use of content, especially regarding sensitive materials.
Legal and Ethical Integrity: The OCOV includes disclaimers, limitations of liability, and guidelines for termination, ensuring legal soundness and ethical clarity. The OCOV protects both creators and users, maintaining the integrity of the license.
Flexibility and Adaptability: Acknowledging the diversity of legal systems and cultural contexts, the OCOV is flexible and adaptable across jurisdictions while upholding its core principles.
Practical Guidance: An appendix provides examples, FAQs, and clarifications, making the OCOV not just a legal document but a practical guide for creators, users, and distributors.

The OCOV is a testament to the power of open sharing balanced with ethical responsibility. It's a blueprint for the future of content distribution, where transparency, equity, and respect for creators' rights pave the way for a more informed, beneficent, and just digital world.

In the spirit of transparency, here's the ChatGPT log that I used for ideation. I have a custom GPT trained on my resume and past writings. My words are in italics. I have not corrected spacing or typos.

BEGIN TRANSCRIPT

I (Jeffrey Schulman) would like to develop a new kind of publication and payment license for informational content. I would like to call it the "Open Covenant License."

Core theme: I agree to make a genuine and transparent best effort in my for-profit activities to remit 10% of net profits, distributed according to value added, to freely-provided content, which may include text, audio, video, images), software, and models.
I agree to supply chain transparency
Exceptions: sensitive content that has a legitimate potential to cause harm and requires protection:
-Statutory
-Objective
-Subjective

Examples of potential harms:
• Statutory: Explain that some information or data is considered sensitive by law and requires special protection or handling. For example, personal data such as health records, financial information, or biometric identifiers are subject to legal regulations and ethical standards3.
• Subjective: Explain that some things are sensitive because they affect the feelings, beliefs, or values of a person or group. For example, topics such as religion, politics, or sexuality may be sensitive for some people because they relate to their identity, worldview, or morality4.
Objective: Explain that some things are sensitive because they have the potential to cause actual harm or damage to a person or group. For example, threats, violence, or abuse may be sensitive for anyone because they endanger their physical or mental well-being.

The concept of the "Open Covenant License" you're proposing is an innovative approach to the distribution of profits and transparency in content creation and sharing. This license appears to be designed to support freely-provided content while also protecting sensitive information from misuse or harm. The three categories of content that require special consideration under this license—statutory, subjective, and objective—encompass a wide range of information, ensuring that while open access is promoted, privacy and safety are not compromised.

For the statutory category, the emphasis is on complying with legal requirements and ethical standards to protect personal data, which is often mandated by data protection laws such as the GDPR in Europe, HIPAA in the United States for health records, and various financial regulations for financial information.

The subjective category recognizes the personal nature of certain types of information and how it can impact individuals at a personal level. This is particularly important in a global context where information can cross cultural and jurisdictional boundaries with ease, and what may be considered sensitive in one culture or community may not be in another.

Lastly, the objective category is about preventing real-world harm that could result from the misuse of information, such as threats, violence, or abuse. This acknowledges the responsibility of content distributors to safeguard against content that could have detrimental effects on individuals or communities.

Implementing such a license would likely require a detailed framework that addresses these categories clearly, specifying the criteria for content classification and the mechanisms for profit distribution and supply chain transparency. It would be important to consider the practical aspects of enforcement and compliance, as well as the potential need for an oversight body to manage disputes and updates to the license as legal and ethical standards evolve. Additionally, fostering community engagement and education around the principles of the Open Covenant License would be crucial for its widespread adoption and effectiveness.

Cool. Let's take a look at some existing open source software licenses and build out a framework for the license with the different sections.

The search did not return specific information on open source software licenses from the knowledge source. However, based on my baseline knowledge, open source software licenses typically have several key sections, which could be adapted for the Open Covenant License. Here's a framework that could be utilized, with the unique aspects of the proposed license incorporated:

Preamble: This section would explain the intent of the Open Covenant License, its core principles, and its goals, which include profit-sharing, supporting freely-provided content, and supply chain transparency.
Definitions: Define key terms used throughout the license, such as "net profits," "value added," "sensitive content," "statutory," "subjective," and "objective" harms, etc.
Scope of the License: Describe what the license permits and does not permit, such as the use, distribution, modification, and contribution to the content covered by the license.
Profit Sharing: Detail the mechanism for calculating and distributing 10% of net profits, including how "value added" is determined, the frequency of distributions, and the handling of any disputes.
Transparency Requirements: Outline the expectations for supply chain transparency, including the level of detail required and the means by which this transparency should be provided to the public.
Protection of Sensitive Content: Define the categories of sensitive content and explain the protections or restrictions in place for each category:
- Statutory: Content restricted by law, such as personal data, and how the license interacts with legal regulations and ethical standards.
- Subjective: Content that could affect the feelings, beliefs, or values of individuals or groups, including clauses that address the contextual sensitivity of such content.
- Objective: Content that poses a risk of actual harm, with guidelines on how such risks should be assessed and managed.
User Obligations: Describe what is required of users who engage with the content, such as respecting the protections for sensitive content and adhering to the profit-sharing principles.
Distribution of Licensed Material: Address how the licensed material can be shared, the conditions under which it can be redistributed, and how it should be attributed.
Disclaimer of Warranties and Limitation of Liability: Include standard clauses that limit the liability of the content provider and explain that the content is provided "as is" without any guarantees.
Termination: Describe the conditions under which the license may be terminated and what happens to the content and profits if the license is violated.
Miscellaneous: Cover any additional legal provisions, jurisdictional issues, and how modifications to the license should be handled.
Appendix: Provide examples of potential harms for each category and clarify how they should be handled, possibly including a FAQ section to address common concerns and scenarios.

This framework can then be expanded and refined with specific legal language and examples to create a comprehensive license. The development of this license would likely require legal expertise to ensure that it is enforceable and complies with international laws and standards.

Let's start with section 1

Section 1 of the Open Covenant License, the preamble, serves as an introduction to the principles and intentions behind the license. Here's a draft for this section:

Section 1: Preamble

The Open Covenant License (OCL) is founded on the belief that the open and transparent sharing of information can drive innovation, education, and societal advancement. Recognizing the power of freely provided content to enrich the global commons, the OCL aims to establish a covenant of openness balanced with responsibility.

This license facilitates the distribution of profits generated from for-profit activities to creators and maintainers of content that is freely offered and adds value to the community. It is designed to encourage the sustainable support of open resources, including but not limited to text, audio, video, images, software, and models, by pledging a share of net profits to such content in a manner that is equitable and acknowledges the contribution of each creator.

Furthermore, the OCL enshrines the principle of transparency in all stages of the content creation and distribution process. It requires adherence to ethical standards, ensuring that while openness is encouraged, respect for the sensitivity of certain types of content is maintained.

The license is particularly mindful of the potential harm that information can cause when misused. Therefore, it makes explicit provisions to protect content that is sensitive for statutory, subjective, or objective reasons. In doing so, the OCL seeks to harmonize the free flow of information with the imperative to safeguard individual privacy, security, and well-being.

By adopting the Open Covenant License, all parties—creators, distributors, and users—enter into a mutual agreement to uphold these values, fostering a responsible and progressive ecosystem where knowledge is shared and protected with integrity and foresight.

This section sets the tone for the entire license, underlining its unique approach to balancing profit sharing with ethical considerations. It articulates the overarching mission and the values that will be fleshed out in subsequent sections of the license.

Section 2

Section 2 of the Open Covenant License, Definitions, will provide clear and precise meanings for the key terms used throughout the document. This ensures that all parties have a shared understanding of the license's provisions.

Section 2: Definitions

For the purposes of this Open Covenant License (OCL), the following terms are defined as follows:

"Net Profits": The remaining profit after all operating expenses, taxes, interest, and dividends have been deducted from total revenue. Net profits are calculated in accordance with generally accepted accounting principles (GAAP).
"Value Added": The economic value that is added to goods or services at each stage of its production or distribution. In the context of this license, it pertains to the contribution made by freely-provided content to the profitability or value of the end product or service.
"Freely-Provided Content": Any original work, creation, or intellectual property offered without charge or restriction to access, use, modification, and sharing, subject to the terms of this license.
"Sensitive Content": Information or data that requires protection due to its potential to cause harm if misused. This content falls into three categories as defined by this license: statutory, subjective, and objective.
"Statutory": Pertains to information or data that is protected under law and requires special handling or protection. This includes, but is not limited to, health records, financial information, and biometric identifiers, which are governed by specific legal regulations and ethical standards.
"Subjective": Relates to information or data that may affect the feelings, beliefs, or values of a person or group. This type of content is sensitive for some individuals or communities because it relates to their identity, worldview, or morality.
"Objective": Information or data that has the potential to cause actual harm or damage to a person or group. This includes content that may pose a threat to someone's physical or mental well-being, such as threats, violence, or abuse.
"Supply Chain Transparency": The disclosure of information that allows consumers and other stakeholders to see each step in the supply chain of a product or service. It involves the honest reporting of practices, partners, and business transactions involved in the production and distribution of goods and services.
"Creator": An individual or entity that has produced content that is covered by this license.
"Distributor": Any individual or entity that disseminates content covered by this license, whether for profit or not.
"User": Any individual or entity that engages with, consumes, or utilizes the content covered by this license.

The terms defined here are essential for the interpretation and application of the OCL and are intended to be comprehensive and inclusive to ensure the license is applicable across various jurisdictions and disciplines.

This section forms the foundation for the rest of the document, ensuring that the terms used are not left to subjective interpretation. This clarity is crucial for enforceability and understanding of the OCL.

Section 3

Section 3 of the Open Covenant License will outline the scope and applicability of the license, detailing what is permitted under its terms and what falls outside of its boundaries.

Section 3: Scope of the License

This Open Covenant License (OCL) governs the use, distribution, modification, and contribution to the content to which it is applied. The following stipulates the scope of the license:

Applicability: The OCL applies to any content that the creator or rights holder has explicitly licensed under the terms of the OCL. This includes content that is made available in any form, such as written materials, audio recordings, video footage, images, software, and models.
Use of Licensed Content: Users are permitted to access, use, and engage with the licensed content in any lawful manner consistent with the terms provided herein. This includes educational, research, personal, and commercial uses, as long as such uses do not conflict with the protections for sensitive content as defined in Section 2.
Distribution of Licensed Content: Distributors may share, disseminate, or otherwise make available the licensed content to others, provided they adhere to the terms of the OCL, including the profit-sharing and transparency obligations.
Modification and Contribution: Users are allowed to modify the licensed content or create derivative works based on it, and to contribute back to the original or to distribute the modified content, subject to the same terms as the original content.
Profit Sharing Obligation: Any entity that benefits financially from the use of the licensed content agrees to share a portion of net profits as defined in Section 2. This is a fundamental tenet of the OCL and is required for commercial entities that derive value from the licensed content.
Transparency: Entities that distribute or modify licensed content must provide transparency into their supply chains and profit-sharing mechanisms to ensure that contributions are distributed fairly and in accordance with the value added by the content.
Protection of Sensitive Content: All users and distributors must respect the classifications of sensitive content as statutory, subjective, or objective and must ensure that such content is handled in accordance with legal, ethical, and safety considerations detailed in the OCL.
Non-Applicability: The OCL does not apply to content that is not explicitly licensed under it, nor does it override statutory rights such as fair use or fair dealing provisions that may be applicable under the law.

The scope of this license is intended to provide a clear framework for the open distribution and responsible use of content, while ensuring that the creators are compensated, sensitive content is protected, and transparency is maintained throughout the content's lifecycle.

This section defines the rights and responsibilities of all parties interacting with the content under the OCL. It aims to ensure that the core themes of the license are respected in all uses of the content, thus fostering an environment where open content can thrive without neglecting ethical responsibilities.

Next section

Section 4 of the Open Covenant License will detail the specific requirements for the profit-sharing aspect of the license, explaining how profits are calculated, reported, and distributed.

Section 4: Profit Sharing

The Open Covenant License (OCL) stipulates that entities generating net profits from the use of licensed content shall allocate and distribute a fair share of those profits back to the creators. This section outlines the mechanisms and principles guiding this process:

Profit Sharing Commitment: An entity that derives net profits from the utilization of licensed content agrees to allocate and distribute 10% of those net profits to support the creators of the content. This is a reflection of the value that freely-provided content contributes to the entity's commercial success.
Calculation of Net Profits: Net profits are to be calculated in accordance with generally accepted accounting principles (GAAP) relevant to the jurisdiction of the entity's operation. The calculation should deduct all expenses including, but not limited to, operational costs, taxes, interest, and dividends paid.
Determination of Value Added: The value added by the licensed content shall be determined by a fair and verifiable method that considers the extent to which the content contributed to the generation of net profits. This may involve proportional allocation based on usage metrics, direct revenue attribution, or other equitable methods.
Distribution Mechanism: Profits designated for sharing under the OCL shall be distributed at regular intervals, at least annually, to the creators. The distribution shall be executed through transparent and auditable channels.
Reporting Requirements: Entities are required to provide a transparent account of their profit-sharing calculations, including the net profits generated, the value added by the licensed content, and the resulting distributions made. This report should be made publicly available to ensure transparency.
Dispute Resolution: In the event of a dispute regarding the calculation or distribution of profits, an independent auditor may be appointed to review the process and ensure compliance with the terms of the OCL.
Compliance: Entities must demonstrate ongoing compliance with the profit-sharing requirements of the OCL as a condition of their continued use of the licensed content. Non-compliance may result in the termination of the license and the right to use the content.

This profit-sharing model is designed to ensure that the creators of freely-provided content are recognized and compensated for their contributions to the commercial successes of others, fostering a sustainable ecosystem of open content creation and distribution.

The profit-sharing section is crucial because it outlines the financial responsibilities of those who benefit from the open content. It's designed to ensure that the creators are fairly compensated and that there is a clear, enforceable mechanism for this compensation. It also provides for transparency and accountability, which are fundamental to the philosophy of the Open Covenant License.

Section 5

Section 5 of the Open Covenant License will articulate the transparency requirements regarding the supply chain involved in the production and distribution of the licensed content.

Section 5: Transparency Requirements

In the spirit of fostering an open and ethical environment for the creation and distribution of content, the Open Covenant License (OCL) mandates supply chain transparency for entities benefiting from the use of licensed content. This section sets forth the expectations and standards for such transparency.

Supply Chain Disclosure: Entities must disclose relevant information about their supply chains that pertains to the production, modification, or distribution of the licensed content. This includes the identification of suppliers, production locations, and business practices that are material to the creation and dissemination of the content.
Transparency in Profit Sharing: Entities are required to provide detailed and accessible reports on how the profit-sharing commitment is calculated and fulfilled. This includes clear accounting of net profits, the methodology for determining the value added by the licensed content, and evidence of the distributions made to content creators.
Ethical Sourcing: Entities must ensure that their supply chains adhere to ethical standards, including but not limited to the fair treatment of labor, sustainable practices, and respect for the rights of creators and contributors.
Disclosure Format: The required disclosures shall be made in a format that is readily accessible and understandable to the public. Entities should strive to present this information in a manner that facilitates informed decision-making by consumers and other stakeholders.
Regular Updates: The disclosed supply chain information must be kept current with regular updates, at least annually or more frequently if significant changes occur. This ensures that the transparency commitment reflects the ongoing practices of the entity.
Auditing and Verification: Entities are encouraged to undergo independent auditing and verification of their supply chain disclosures to validate their accuracy and authenticity. This may involve third-party certifications or other credible means of assurance.
Non-Disclosure of Sensitive Information: While transparency is a core value of the OCL, entities are not required to disclose information that could compromise sensitive content as defined in Section 2, or that could cause harm to individuals or groups as detailed in the license.
Compliance: Continuous adherence to these transparency requirements is essential for the maintenance of the license. Failure to comply with these standards may result in the revocation of the license and the privileges it confers.

This commitment to transparency ensures that entities engage in practices that are congruent with the ethical distribution of knowledge and the equitable remuneration of content creators, reinforcing trust and integrity within the ecosystem fostered by the OCL.

Section 5 emphasizes the accountability of entities using OCL-licensed content to conduct their operations with openness and integrity. By setting clear expectations for supply chain transparency, it helps safeguard the values of ethical production and fair distribution that underpin the Open Covenant License.

Section 6

Section 6 of the Open Covenant License will elaborate on the handling of sensitive content, detailing the responsibilities of all parties to protect such content from misuse and to ensure its ethical treatment.

Section 6: Protection of Sensitive Content

The Open Covenant License (OCL) recognizes the need to carefully manage sensitive content to prevent harm and uphold ethical standards. The license categorizes sensitive content into statutory, subjective, and objective types, each requiring specific consideration and treatment.

Statutory Protections: Entities using OCL-licensed content must comply with all applicable laws and regulations governing the protection of sensitive information, such as data privacy laws, health record regulations, and financial data security standards. This includes implementing appropriate security measures and controls to safeguard such information.
Handling Subjective Sensitivities: Recognizing that certain content may be sensitive due to its impact on the feelings, beliefs, or values of individuals or groups, entities must exercise discretion and respect in the use and distribution of such content. This may involve content warnings, the implementation of consent mechanisms, or other measures to ensure that the content is not used in a way that could cause offense or distress.
Mitigating Objective Risks: Content that poses a risk of actual harm, such as threats, violence, or abuse, must be managed with utmost care. Entities must not use or distribute content that could endanger physical or mental well-being. If such content is necessary for educational or informational purposes, entities should provide appropriate context, warnings, and support resources.
Content Review and Oversight: Entities are encouraged to establish review processes and oversight mechanisms to ensure sensitive content is handled according to the principles of the OCL. This could involve content moderation teams, ethical review boards, or consultation with affected communities.
Transparency in Handling Sensitive Content: While protecting privacy and security, entities should be transparent about their policies and practices for managing sensitive content. This includes publicly available guidelines on how different types of sensitive content are treated and how decisions are made regarding their use and distribution.
Training and Awareness: Entities should provide training to their staff and stakeholders on the importance of protecting sensitive content and the specific requirements of the OCL in this regard. This ensures that all parties are aware of their responsibilities and the potential consequences of mishandling such content.
Reporting and Redress: The OCL provides mechanisms for individuals or groups to report concerns or complaints about the handling of sensitive content. Entities must address such reports promptly and take appropriate action to rectify any issues.
Continuous Improvement: Entities are expected to continually assess and improve their practices for managing sensitive content. This may involve staying abreast of evolving legal standards, societal expectations, and technological developments that can enhance the protection of sensitive information.

By adhering to these principles, entities contribute to a responsible ecosystem where the benefits of open content can be enjoyed without compromising individual rights or societal norms.

Section 6 is a critical part of the Open Covenant License, ensuring that sensitive content is treated with the care and consideration it requires. This section provides a structured approach to managing such content, balancing the openness of the license with the need for ethical responsibility and harm prevention.

Section 7

Section 7 of the Open Covenant License will outline the obligations of users who engage with the content under this license, ensuring they understand and commit to the ethical and legal responsibilities it entails.

Section 7: User Obligations

Under the Open Covenant License (OCL), users who engage with, utilize, and contribute to the licensed content are bound by certain obligations to uphold the integrity and spirit of the license. This section specifies these obligations:

Respect for License Terms: Users must adhere to all terms and conditions outlined in the OCL. This includes, but is not limited to, the proper use of content, adherence to profit-sharing requirements, respecting protections for sensitive content, and maintaining supply chain transparency.
Attribution: Users must appropriately attribute the content to the original creator(s) as prescribed by the license. This attribution should be clear, accurate, and in a manner consistent with the usage of the content.
No Misuse of Content: Users shall not use the licensed content in any way that is unlawful, deceptive, or in violation of the terms of the OCL. They must ensure that their use does not contribute to the harm of individuals or groups, particularly in the context of sensitive content.
Sharing Improvements: If a user modifies content or creates derivative works based on it, they are obliged to share their improvements under the same terms as the original content, contributing back to the community and enriching the shared resource pool.
Reporting Non-Compliance: Users are encouraged to report any instances of non-compliance with the OCL that they encounter in their use of the licensed content. This helps maintain the integrity of the license and the quality of the content it covers.
Compliance with Updates to the License: Users must stay informed of and comply with any updates or modifications to the OCL. This ensures that their use of the content remains in alignment with the evolving standards and principles of the license.
Dissemination of the License's Principles: Users are encouraged to promote the principles of the OCL within their networks and communities to increase awareness and adoption of the license's standards and practices.
Education and Advocacy: Users should educate themselves and others about the importance of ethical content use and the specific requirements of the OCL, advocating for its principles in their professional and personal activities.
Social Responsibility: Users should strive to use the licensed content in a way that contributes positively to society, promoting education, knowledge sharing, and the public good.

By fulfilling these obligations, users play an essential role in sustaining the ecosystem of open content and ensuring that the provisions of the Open Covenant License are met, thus fostering an environment of trust, responsibility, and collective benefit.

Section 7 is essential because it clearly delineates the responsibilities of the end users, ensuring they are active participants in the ecosystem that the OCL aims to create. By detailing these obligations, the license ensures that its principles are upheld in practice, not just in theory.

Section 8

Section 8 of the Open Covenant License will focus on the specifics of how licensed material may be distributed, under what conditions, and the obligations of the distributors to ensure the license's integrity is maintained.

Section 8: Distribution of Licensed Material

The Open Covenant License (OCL) allows for and encourages the sharing and distribution of licensed material, provided that such activities are conducted in accordance with the following terms:

Preservation of License Terms: Distributors must ensure that all OCL-licensed content remains under the terms of the OCL when it is shared or redistributed. This includes providing a copy of or a link to the license with the content.
Attribution: Distributors must maintain all attribution notices as provided with the content and must not misrepresent the original creators. If the content is modified, it should be noted, and the distributor should also be identified.
Profit Sharing Compliance: If the distributor is profiting from the distribution of the OCL-licensed content, they must comply with the profit-sharing mechanism outlined in Section 4, contributing to the creators as stipulated.
Non-exclusivity: The distribution of OCL-licensed material must not be exclusive to any party. The content must remain available for use, modification, and distribution by others under the terms of the OCL.
No Additional Restrictions: Distributors may not impose any legal or technological measures on the OCL-licensed content that restrict others from doing anything the license permits.
Transparency in Distribution: Distributors must provide transparency in their distribution process, including where and how the content is being distributed, and any value-added services they provide.
Handling of Sensitive Content: Distributors must follow the guidelines for handling sensitive content as described in Section 6, ensuring that statutory, subjective, and objective sensitivities are respected.
Notification of License Changes: If the OCL is updated, distributors must take reasonable steps to inform those to whom they have distributed the content about the changes to the license terms.
Responsibility for Contributions: Distributors who contribute to the content or incorporate it into other works must take responsibility for their contributions, ensuring they do not infringe upon the rights of others or introduce vulnerabilities or inaccuracies into the content.
Accessibility: Distributors should strive to make the content as accessible as possible to a diverse audience, including those with disabilities, and in various languages as appropriate.
Education of Users: Distributors have a responsibility to educate users of the content about the terms of the OCL and the ethos of open distribution and contribution that it promotes.

By adhering to these guidelines, distributors play a crucial role in the dissemination of OCL-licensed content, ensuring that the values of openness, collaboration, and ethical use are extended throughout the entire distribution chain.

Section 8 ensures that the process of distributing OCL-licensed material reinforces the license's values and obligations, promoting a consistent and ethical approach to sharing and using open content.

Section 9

Section 9 of the Open Covenant License will provide the necessary legal disclaimers regarding warranties and limitations of liability associated with the use of the licensed material.

Section 9: Disclaimer of Warranties and Limitation of Liability

This section of the Open Covenant License (OCL) outlines the disclaimers and limitations concerning the warranties and liabilities related to the use of OCL-licensed content.

Disclaimer of Warranties: All content provided under the OCL is offered "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The creators and distributors of the content do not warrant that the content will be error-free, uninterrupted, or that it will meet any specific requirements of the user.
User's Responsibility: The user assumes all responsibility and risk for the use of the OCL-licensed content. Users are responsible for understanding the nature of the content and ensuring that it is suitable for their intended use.
No Liability: To the fullest extent permissible under applicable law, neither the creators nor distributors of the OCL-licensed content shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or non-performance of the content, regardless of whether such damages were foreseeable and whether or not advised of the possibility of such damages.
Limitation of Liability: In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability of the creators and distributors of OCL-licensed content is limited to the greatest extent permitted by law.
Indemnification: Users of the OCL-licensed content agree to indemnify, defend, and hold harmless the creators and distributors from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with their use of the content.
Jurisdictional Variations: This disclaimer of warranties and limitation of liability shall be interpreted in accordance with the laws of the jurisdiction in which the content creator or distributor is located, to the extent that such laws are applicable.

This section does not affect any statutory rights that users may have as consumers or any rights that cannot be waived or limited by contract.

Section 9 is a standard component of many licenses, aimed at protecting creators and distributors from legal liabilities arising from the use of the content. It ensures that users are aware of the nature of the content they are using and their own responsibilities in doing so.

Section 10

Section 10 of the Open Covenant License will outline the conditions under which the license may be terminated and the consequences of such termination for both the licensee and the content.

Section 10: Termination

This section of the Open Covenant License (OCL) specifies the conditions under which this license may be terminated and the implications of such termination.

Breach of License Terms: The license may be terminated if any of its terms are breached by the user. This includes, but is not limited to, failure to adhere to the profit-sharing requirements, misuse of sensitive content, lack of supply chain transparency, or distribution of the content in ways that violate the terms of the OCL.
Notification of Breach: In the event of a breach, the breaching party should be notified of the specific terms violated and given a reasonable opportunity to remedy the breach. Termination should be considered a last resort after efforts to rectify the situation have failed.
Consequences of Termination: Upon termination of the license, the right to use, distribute, or modify the licensed content is revoked. Any works created under the license that are in circulation must cease distribution, and any derived works must also comply with the termination.
Survival of Obligations: Termination of the license does not absolve the user of any obligations incurred prior to the termination, including any outstanding profit-sharing contributions or responsibilities related to the handling of sensitive content.
Reinstatement: A terminated license may be reinstated if the breach is remedied to the satisfaction of the affected parties. This reinstatement may be subject to additional terms agreed upon by all involved parties.
No Liability for Termination: Neither the creators nor distributors of the OCL-licensed content shall be liable to the user or any third party for any damages, losses, or other consequences resulting from the termination of the license.
Automatic Termination upon Violation of Law: The license will automatically terminate if the use of the licensed content becomes unlawful or if the user is found to be in violation of applicable laws and regulations in their use of the content.
Discretionary Termination: The content creator or rights holder reserves the right to terminate the license at their discretion, provided that such termination is not arbitrary and is based on reasonable grounds related to the principles and intentions of the OCL.

This section ensures that the integrity of the Open Covenant License is maintained and that the content is used in a manner consistent with its terms. It provides a framework for addressing violations in a fair and reasonable manner, while safeguarding the rights and interests of all parties involved.

Section 10 is crucial as it defines the legal recourse and consequences in the event of non-compliance with the license terms, ensuring that the license's integrity and the rights of the creators are protected.

Section 11

Jeff Custom Peer Review for Journal

Section 11 of the Open Covenant License will cover any additional legal provisions, jurisdictional issues, and the procedure for handling modifications to the license.

Section 11: Miscellaneous

This section of the Open Covenant License (OCL) addresses various miscellaneous legal provisions, jurisdictional concerns, and the process for updating the license.

Governing Law: The OCL shall be governed by and construed in accordance with the laws of the jurisdiction in which the content creator or principal distributor is based, except for any conflict of law provisions.
Severability: If any provision of the OCL is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of the license shall remain in full force and effect.
No Waiver: The failure of any party to enforce any provision of the OCL shall not be deemed a waiver of future enforcement of that or any other provision.
Assignment: The rights and obligations under the OCL may not be assigned or transferred by any party without the prior written consent of the other parties, except in the case of a merger, acquisition, or sale of all or substantially all of the assets of the party.
Amendments and Modifications: The OCL may be amended or modified only by a written agreement signed by the parties to the license. Any updates to the license must be made with consideration to the original intent and principles of the OCL and communicated clearly to all users and stakeholders.
Jurisdictional Variations: The OCL recognizes the diversity of legal systems and the potential for jurisdictional variations. Wherever possible, the terms of the license should be interpreted to conform with local laws and customs, provided that such interpretations do not undermine the core principles and objectives of the license.
Dispute Resolution: Any disputes arising under the OCL should be resolved through mediation or arbitration, in accordance with the laws of the governing jurisdiction, before resorting to litigation.
Entire Agreement: This license constitutes the entire agreement between the parties with respect to the licensed content and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such content.
Notices: Any notices required or permitted to be given under the OCL must be in writing and will be deemed to have been sufficiently given if sent by registered mail, email, or other reliable means to the addresses stipulated by the parties.

This miscellaneous section ensures the smooth legal operation of the OCL across various jurisdictions and situations, providing clarity and guidance on matters that might not be directly related to the core content of the license but are essential for its practical implementation and enforcement.

Section 11 is essential for addressing the legal and practical nuances that come with the application of a license across different legal jurisdictions and in various unforeseen circumstances. It provides the necessary flexibility and legal clarity to adapt to these situations while maintaining the integrity and purpose of the OCL.

Section 12

Section 12 of the Open Covenant License, typically an Appendix, is designed to provide additional clarity and guidance through examples, FAQs, and elaboration on specific points of the license. It aids in the practical application and understanding of the license terms.

Section 12: Appendix

This Appendix section of the Open Covenant License (OCL) is intended to supplement the main body of the license with examples, frequently asked questions (FAQs), and further explanations to aid in the understanding and application of the OCL.

Examples of Application: This subsection includes practical examples of how the OCL is applied in various scenarios. These examples cover a range of situations including content creation, distribution, profit sharing, and handling sensitive content.
FAQs: A compilation of frequently asked questions and their answers is provided here. This is designed to help users, creators, and distributors quickly find answers to common queries regarding the interpretation and application of the OCL terms.
Clarification of Terms: This subsection offers detailed explanations of key terms used in the OCL. It aims to provide deeper insights into the license's provisions and to clarify any ambiguities that may arise in its interpretation.
Guidelines for Handling Sensitive Content: Detailed guidelines on how to handle statutory, subjective, and objective sensitive content are provided here. This includes practical steps and considerations for ensuring that such content is managed responsibly and ethically.
Profit Sharing Calculations and Reporting: This subsection provides templates or models for calculating and reporting profit sharing, aimed at simplifying compliance with the profit-sharing requirements of the OCL.
Supply Chain Transparency Protocols: Recommended practices and protocols for achieving supply chain transparency are outlined here. This serves as a guide for entities looking to align with the transparency requirements of the OCL.
Legal and Ethical Compliance Checklists: Checklists to assist in ensuring legal and ethical compliance with the OCL are provided. These tools are designed to help users and distributors systematically review and adhere to the license's provisions.
Updates and Amendments: A log of updates and amendments made to the OCL since its inception is maintained in this section. This historical record helps users understand the evolution of the license and the rationale behind any changes.
Contact Information and Resources: Contact information for obtaining further assistance or clarification regarding the OCL, along with a list of resources for deeper exploration of the principles and practices endorsed by the license, are included.

This Appendix is a living document and may be updated periodically to reflect new insights, address emerging issues, and incorporate feedback from the OCL community.

Section 12, as an appendix, is crucial for ensuring that the license is accessible and understandable to a wide range of users. It provides the necessary supplementary information and tools to aid in the practical application of the OCL, enhancing its usability and effectiveness.

Thank you so much! You're an angel! 👼

You're very welcome! I'm delighted to have been able to assist you. If you have any more questions or need further help in the future, feel free to reach out. Best of luck with your Open Covenant License and all your endeavors! 🌟