Rights enforcement

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Title: Rights enforcement
DRACC: 0010
Category: Regulatory
Scope: Global
Authors: Leenaars, M.A.G.J.; Šuklje, M.
Date: January 2017
Copyright: The Commons Conservancy

This document is part of the DRACC series, see DRACC "Introduction to DRACC Series" for an explanation. You can reuse it under a "Creative Commons Attribution 4.0 International" license.

Introduction

When a Programme within [The Commons Conservancy] notices a breach of its copyright, violation of its licenses or other violation of its rights, in some cases it MAY decide to act in court. [The Commons Conservancy] is not a suitable environment for litigation. The foundation has no concept of money, and serves to give away technology for free for the public benefit. In case financial damages are awarded, [The Commons Conservancy] would not able to directly receive this money. There are no internal financial means for legal representation, nor for covering possible damages or other direct or indirect costs. Also, [The Commons Conservancy] actively tries to be as non-contentious as possible, to prevent any unnecessary risks.

There are alternative ways to act upon these needs of a Programme in such a situation. This document serves to clarify the possibilities and to manage expectations.

Graduation

The primary mechanism offered to any Programme considering to take legal action is Graduation (see DRACC "Graduation"). Assuming that such is allowed by its own statutes and regulations, a Programme MAY at any point in time request to leave [The Commons Conservancy]. Such a new organisation would operate independent from [The Commons Conservancy]. Once it has moved into a standalone organisation or joined another organisation, only its own statutes and regulations limit its freedom to act in any way it deems necessary -- which includes the right to settle disputes in court.

Should a Graduated Project wish to re-join [The Commons Conservancy], the Board of [The Commons Conservancy] SHALL decide whether and under which conditions to accept it.